For the purposes enumerated in section 21-1 of this chapter, the city is hereby divided into the following zoning districts, which are shown on the official zoning map:

(Ord. No. 862, 10-10-91; Ord. No. 07-03, 1-11-07)

(a)

All territory which may hereafter be annexed to the city shall be temporarily classified in the zoning district of the city which most closely approximates the zoning district in the county, as determined by the city council upon recommendation of the planning commission.

(b)

Within six months after the effective date of the final court order of annexation, and in accordance with article II, division 3, Amendments, and division 4, Conditional Zoning, the continued applicability of the zoning districts established under subsection (a) above, shall either be affirmed or such property shall be reclassified.

(Ord. No. 862, 10-10-91)

The Official Zoning Map, and all notations, references, and other information shown thereon, is a part of this chapter, and has the same force and effect as if the Official Zoning Map were fully set forth or described in this chapter. The Official Zoning Map, adopted on August 9, 2012 and as may be subsequently amended, consists of the zoning districts map, the architectural review districts map, and the archaeological review districts map. A copy of the current Official Zoning Map attested by the city council clerk shall be kept on file in the offices of the planning department.

(Ord. No. 862, 10-10-91; Ord. No. 2-95, 1-12-95; Ord. No. 03-02, 2-13-03; Ord. No. 12-15, 8-9-12)

This district is established as a single-family residential area with low population density. The regulations for this district are designed to stabilize and protect the essential characteristics of the land and to promote and encourage a suitable environment for family life. To these ends, development is limited to a relatively low density and permitted uses are limited basically to providing homes for the residents. Certain additional uses that may be compatible with single-family neighborhoods, such as churches, schools and day care centers, may be allowed with the issuance of special permits.

(Ord. No. 862, 10-10-91)

The permitted dwelling unit occupancy in the single-family dwelling district RS-1 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq., are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the single-family dwelling district RS-1 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(1.1)

Public art approved through the City's public arts program located in playgrounds, parks and athletic fields owned and/or operated by the City of Williamsburg.

(1.2)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(2)

Off-street parking and loading areas for permitted use in accordance with article V.

(3)

Signs in accordance with article VI.

(4)

Accessory uses in accordance with section 21-603.

(5)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 08-23, 8-14-08; Ord. No. 21-13, 10-14-21)

Uses permitted in the single-family dwelling district RS-1 with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

(1)

An accessory apartment in a single-family detached dwelling, occupied by elderly or handicapped relatives of the owner-occupant of the dwelling, and in accordance with section 21-604.

(2)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(3)

Bed and breakfast establishments in accordance with section 21-605.1.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the single-family dwelling district RS-1 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Cemeteries.

(2)

Churches and other permanent buildings used for religious worship.

(3)

Day care centers located in the same building as a church or public or private school.

(4)

Golf courses, including clubhouses and maintenance facilities, but excluding miniature golf courses or driving ranges that are not accessory to a golf course.

(5)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(6)

Public buildings owned and/or operated by the City of Williamsburg.

(7)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(8)

Use of land as access to single-family detached dwelling developments in an adjoining jurisdiction when more than 50 percent of the dwelling units in the development are located in the adjoining jurisdiction.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 8-00, 6-8-00; Ord. No. 08-23, 8-14-08)

(a)

The minimum lot area required in the single-family dwelling district RS-1 shall be 17,500 square feet, except that for subdivisions of two or more lots the average lot area shall be at least 20,000 square feet.

(b)

Lot area for cluster subdivisions shall be regulated by section 21-144.

(Ord. No. 862, 10-10-91)

The lot width requirements in the single-family dwelling district RS-1 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for a single-family detached dwelling shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(2)

Other uses: The minimum lot width at the building line for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(3)

Lot width for cluster subdivisions shall be regulated by section 21-144.

(Ord. No. 862, 10-10-91)

The yard requirements in the single-family dwelling district RS-1 are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-142(1)a.

c.

No accessory building shall be located in a front yard.

d.

Front yards for cluster subdivisions shall be regulated by section 21-144.

(2)

Side.

a.

Single-family detached dwellings: There shall be side yards of not less than 15 feet.

b.

Other uses: There shall be side yards of not less than 15 feet.

c.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

d.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

e.

Side yards for cluster subdivisions shall be regulated by section 21-144.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Rear yards for cluster subdivisions shall be regulated by section 21-144.

(4)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 5, 1-13-94; Ord. No. 01-13, § 1, 6-14-01)

The height requirements in the single-family dwelling district RS-1 area as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-142(1)a., shall be permitted.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

(a)

Intent. These regulations are designed to allow the development of a cluster subdivision in the single-family dwelling district RS-1 with a variation of lot sizes, but without an increase in the overall density that would normally be allowed in the RS-1 district. They are intended to:

(1)

Encourage the preservation of environmentally sensitive lands, including, but not limited to, those designated by the comprehensive plan and by article VIII, Chesapeake Bay Preservation;

(2)

Prevent soil erosion by permitting development according to the nature of the terrain;

(3)

Provide larger open areas with greater utility for rest and recreation;

(4)

Provide for natural buffer areas along streets and highways; and

(5)

Encourage more attractive and economic subdivision design.

(b)

Design criteria.

(1)

Cluster subdivisions shall be designed to preserve significant natural features and sensitive environmental areas. These include, but are not limited to, the following: streams, shorelines, wetlands, ravines, significant stands of trees, and steep slopes.

(2)

Open space intended for recreation or common use shall be easily accessible to pedestrians.

(c)

Minimum size. The minimum permitted size for any cluster subdivision shall be five acres.

(d)

Application procedures. Cluster subdivisions shall follow the application procedures outlined in chapter 16, Subdivisions.

(e)

Lot area, lot width and yards.

(1)

Individual lots in a cluster subdivision shall be exempt from the minimum lot area, lot width and yard requirements for the RS-1 district. Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where the main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for the purposes of performing essential maintenance and service.

(2)

Lots on the perimeter of the subdivision may be required to follow the normal lot areas, lot width and/or yard requirements for the RS-1 district.

(3)

The required lot area, lot width and yards shall be as shown on the approved final subdivision plat, and shall remain in effect unless the final subdivision plat is amended in accordance with chapter 16, Subdivisions. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(f)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(g)

Cluster subdivision density. For cluster subdivisions, the number of lots for the entire parcel shall not exceed three lots per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart. Twenty percent shall be subtracted from the net acreage so calculated to allow for street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way will be less than 20 percent of the calculated net acreage.

(h)

Common open space.

(1)

A minimum of 25 percent of the gross area of the cluster subdivision shall be common open space.

(2)

All common open space shall be preserved for its intended purpose as shown on the approved final subdivision plat. The common open space shall be either dedicated to the city (subject to acceptance by the city), or administered by a nonprofit organization, subject to the following:

a.

The developer must establish the organization prior to the recordation of the subdivision.

b.

Membership in the organization shall be mandatory for all lot owners, present and future, within the cluster subdivision.

c.

The organization shall own all common open space and recreational facilities, and shall provide for their maintenance, administration and operation.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 6, 1-13-94; Ord. No. 01-13, § 1, 6-14-01)

This district is established as a single-family residential area with low population density. The regulations for this district are designed to stabilize and protect the essential characteristics of the land and to promote and encourage a suitable environment for family life. To these ends, development is limited to a relatively low density and permitted uses are limited basically to providing homes for the residents. Certain additional uses that may be compatible with single-family neighborhoods, such as churches, schools and day care centers, may be allowed with the issuance of special permits.

(Ord. No. 862, 10-10-91)

The permitted dwelling unit occupancy in the single-family dwelling district RS-2 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the single-family dwelling district RS-2 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(1.1)

Public art approved through the City's public arts program located in playgrounds, parks and athletic fields owned and/or operated by the City of Williamsburg.

(1.2)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(2)

Off-street parking and loading areas for permitted uses in accordance with article V.

(3)

Signs in accordance with article VI.

(4)

Accessory uses in accordance with section 21-603.

(5)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 08-23, 8-14-08; Ord. No. 21-13, 10-14-21)

Uses permitted in the single-family dwelling district RS-2 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

An accessory apartment in a single-family detached dwelling, occupied by elderly or handicapped relatives of the owner-occupant of the dwelling, and in accordance with section 21-604.

(2)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(3)

Bed and breakfast establishments in accordance with section 21-605.1.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the single-family dwelling district RS-2 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Cemeteries.

(2)

Churches and other permanent buildings used for religious worship.

(3)

Day care centers located in the same building as a church or public or private school.

(4)

Golf courses, including clubhouses and maintenance facilities, but excluding miniature golf courses or driving ranges that are not accessory to a golf course.

(5)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(6)

Public buildings owned and/or operated by the City of Williamsburg.

(7)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(8)

Replacement of communication towers existing on February 12, 2004, with a height increase not to exceed 50 percent of the existing tower height with a maximum height of 300 feet. The new tower shall not be visible from the Colonial Williamsburg historic area.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 04-01, 2-12-04; Ord. No. 08-23, 8-14-08)

(a)

The minimum lot area required in the single-family dwelling district RS-2 shall be 10,000 square feet, except that for subdivisions of two or more lots the average lot area shall be at least 12,500 square feet.

(b)

Lot area for cluster subdivisions shall be regulated by section 21-169.

(Ord. No. 862, 10-10-91)

The lot width requirements in the single-family dwelling district RS-2 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for a single-family detached dwelling shall be 80 feet and the lot width shall not be less than 25 feet at the street line.

(2)

Other uses: The minimum lot width at the building line for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(3)

Lot width for cluster subdivisions shall be regulated by section 21-169.

(Ord. No. 862, 10-10-91)

The yard requirements in the single-family dwelling district RS-2 are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-167(1)a.

c.

No accessory building shall be located in a front yard.

d.

Front yards for cluster subdivisions shall be regulated by section 21-169.

(2)

Side.

a.

Single-family detached dwellings: There shall be a side yard of not less than ten feet.

b.

Other uses: There shall be side yards of not less than 15 feet.

c.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

d.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

e.

Side yards for cluster subdivisions shall be regulated by section 21-169.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Rear yards for cluster subdivisions shall be regulated by section 21-169.

(4)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 5, 1-13-94; Ord. No. 01-13, § 1, 6-14-01)

The height requirements in the single-family dwelling district RS-2 area as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-167(1)a., shall be permitted.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

(a)

Intent. These regulations are designed to allow the development of a cluster subdivision in the single-family dwelling district RS-2 with a variation of lot sizes. They are intended to:

(1)

Encourage the preservation of environmentally sensitive lands, including, but not limited to, those designated by the comprehensive plan and by article VIII, Chesapeake Bay Preservation;

(2)

Prevent soil erosion by permitting development according to the nature of the terrain;

(3)

Provide larger open areas with greater utility for rest and recreation;

(4)

Provide for natural buffer areas along streets and highways; and

(5)

Encourage more attractive and economic subdivision design.

(b)

Design criteria.

(1)

Cluster subdivisions shall be designed to preserve significant natural features and sensitive environmental areas. These include, but are not limited to, the following: streams, shorelines, wetlands, ravines, significant stands of trees, and steep slopes.

(2)

Open space intended for recreation or common use shall be easily accessible to pedestrians.

(c)

Minimum size. The minimum permitted size for any cluster subdivision shall be five acres.

(d)

Application procedures. Cluster subdivisions shall follow the application procedures outlined in chapter 16, Subdivisions.

(e)

Lot area, lot width and yards.

(1)

Individual lots in a cluster subdivision shall be exempt from the minimum lot area, lot width and yard requirements for the RS-2 district. Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where the main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for the purposes of performing essential maintenance and service.

(2)

Lots on the perimeter of the subdivision may be required to follow the normal lot areas, lot width and/or yard requirements for the RS-2 district.

(3)

The required lot area, lot width and yards shall be as shown on the approved final subdivision plat, and shall remain in effect unless the final subdivision plat is amended in accordance with chapter 16, Subdivisions. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(f)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(g)

Cluster subdivision density. For cluster subdivisions, the number of lots for the entire parcel shall not exceed three lots per net acre, except that the number of lots for the entire parcel may be increased up to five units per net acre with a special use permit approved by the city council in accordance with article II, division 4. Net acreage shall be calculated based on existing land conditions, as specified in the following chart. Twenty percent shall be subtracted from the net acreage so calculated to allow for street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way will be less than 20 percent of the calculated net acreage.

(h)

Common open space.

(1)

A minimum of 25 percent of the gross area of the cluster subdivision shall be common open space.

(2)

All common open space shall be preserved for its intended purpose as shown on the approved final subdivision plat. The common open space shall be either dedicated to the city (subject to acceptance by the city), or administered by a nonprofit organization, subject to the following:

a.

The developer must establish the organization prior to the recordation of the subdivision.

b.

Membership in the organization shall be mandatory for all lot owners, present and future, within the cluster subdivision.

c.

The organization shall own all common open space and recreational facilities, and shall provide for their maintenance, administration and operation.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 6, 1-13-94; Ord. No. 01-13, § 1, 6-14-01; Ord. No. 13-23, 7-11-13)

This district is established as a single-family residential area with medium population density. The regulations for this district are designed to stabilize and protect the essential characteristics of the land and to promote and encourage a suitable environment for family life. To these ends, development is limited to a relatively low density and permitted uses are limited basically to providing homes for the residents. Certain additional uses that may be compatible with single-family neighborhoods, such as churches, schools and day care centers, may be allowed with the issuance of special permits.

(Ord. No. 06-30, 12-14-06)

The permitted dwelling unit occupancy in the single-family dwelling district RS-3 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the single-family dwelling district RS-3 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(1.1)

Public art approved through the City's public arts program located in playgrounds, parks and athletic fields owned and/or operated by the City of Williamsburg.

(1.2)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(2)

Off-street parking and loading areas for permitted uses in accordance with article V.

(3)

Signs in accordance with article VI.

(4)

Accessory uses in accordance with section 21-603.

(5)

Home occupations in accordance with section 21-606.

(Ord. No. 06-30, 12-14-06; Ord. No. 08-23, 8-14-08; Ord. No. 21-13, 10-14-21)

Uses permitted in the single-family dwelling district RS-3 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

An accessory apartment in a single-family detached dwelling, occupied by elderly or handicapped relatives of the owner-occupant of the dwelling, and in accordance with section 21-604.

(2)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(2.1)

Bed and breakfast establishments in accordance with section 21-605.1.

(3)

Studios or workshops for artists and artisans conducted in a dwelling unit or in an accessory building on the same lot as the dwelling unit by members of the family residing on the premises, as follows:

a.

Artists may include, but are not limited to, woodworkers, potters/ceramicists, candle makers, stained-glass makers, glass artists, textile artists, jewelers, painters, printmakers, photographers, musical instrument makers, papermakers, sculptors, and other arts and crafts uses of a similar nature.

b.

Use of the premises may include the showing and sale of art made on- or off-premises.

c.

An electric or gas-fired kiln with an interior volume of up to 50 cubic feet may be used for pottery and/or ceramics.

d.

Materials and supplies shall not be stored outdoors.

e.

No additional off street parking shall be required.

f.

Applicable provisions of the Uniform Statewide Building Code, and all other applicable laws and regulations, shall be met.

g.

The application for a special exception shall include: a floor plan, to scale, showing the location and proposed use of any studio or workshop space, including its dimensions and floor area; and a minor site plan in accordance with Article VII, Site Plans, showing the location of the parking to be provided, and the lot coverage of the driveways and parking areas.

h.

It does not occupy more than one-third of the floor area of the dwelling unit or exceed an area greater than 600 square feet, whichever is less.

i.

In reaching a decision on the authorization of a special exception, the board of zoning appeals shall consider, in addition to the criteria contained in section 21-97(f), the following:

1.

The noise, dust, smoke or odors generated by the proposed studio or workshop.

2.

The hours of operation of the proposed studio or workshop.

(Ord. No. 06-30, 12-14-06; Ord. No. 08-16, 6-12-08; Ord. No. 14-13, 6-12-14)

Uses permitted in the single-family dwelling district RS-3 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Churches and other permanent buildings used for religious worship.

(2)

Day care centers located in the same building as a church or public or private school.

(3)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Public buildings owned and/or operated by the City of Williamsburg.

(5)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(Ord. No. 06-30, 12-14-06; Ord. No. 08-23, 8-14-08)

The minimum lot area required in the single-family dwelling district RS-3 shall be 5,000 square feet, except that for subdivisions of two or more lots the average lot area shall be at least 7,000 square feet.

(Ord. No. 06-30, 12-14-06)

The lot width requirements in the single-family dwelling district RS-3 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for a single-family detached dwelling shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(2)

Other uses: The minimum lot width at the building line for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 06-30, 12-14-06)

The yard requirements in the single-family dwelling district RS-3 are as follows:

(1)

Front. There shall be a front yard of not less than 25 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-177(1)a.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

Single-family detached dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Other uses: There shall be side yards of not less than 15 feet.

c.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

d.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

(Ord. No. 06-30, 12-14-06)

The height requirements in the single-family dwelling district RS-3 area as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-177(1)a., shall be permitted.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 06-30, 12-14-06)

This district is established as a residential area with a medium population density. Population density and height of buildings are low enough to be generally compatible with single-family residential developments in the same general area. Uses such as multifamily housing, schools, churches, public buildings, and other uses that may be compatible with permitted residential uses, may be allowed with special permits.

(Ord. No. 862, 10-10-91; Ord. No. 29-98, 9-10-98)

The permitted dwelling unit occupancy in the multifamily dwelling district RM-1 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the multifamily dwelling district RM-1 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Duplex dwellings.

(3)

(Reserved).

(4)

Townhouses in accordance with section 21-195.

(4.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(5)

Off-street parking and loading areas for permitted uses in accordance with article V.

(6)

Signs in accordance with article VI.

(7)

Accessory uses in accordance with section 21-603.

(8)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 11-98, 4-9-98; Ord. No. 29-98, 9-10-98; Ord. No. 08-23, 8-14-08)

Uses permitted in the multifamily dwelling district RM-1 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the multifamily dwelling district RM-1 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Churches and other permanent buildings used for religious worship.

(2)

Day care centers.

(2.1)

Multifamily dwellings.

(3)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Private clubs and lodges.

(5)

Public buildings owned and/or operated by the City of Williamsburg.

(6)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 29-98, 9-10-98; Ord. No. 08-23, 8-14-08)

The lot area and density requirements in the multifamily dwelling district RM-1 are as follows:

(1)

Dwelling units: There shall be a maximum density of eight dwelling units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be a minimum lot area of 10,000 square feet.

(3)

Lot area for townhouses shall be regulated by section 21-195.

(Ord. No. 862, 10-10-91)

The lot width requirements in the multifamily dwelling district RM-1 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for single-family detached dwellings shall be 60 feet and shall not be less than 25 feet at the street line.

(2)

Duplex dwellings: The minimum lot width at the building line for duplex dwellings shall be 80 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 40 feet for each lot. The lot width shall not be less than 25 feet at the street line.

(3)

Multifamily dwellings: The minimum lot width at the building line for multifamily dwellings shall be 80 feet and the lot width shall not be less than 25 feet at the street line.

(4)

Other uses: The minimum lot width at the building line for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(5)

Lot width for townhouses shall be regulated by section 21-195.

(Ord. No. 862, 10-10-91)

The yard requirements in the multifamily dwelling district RM-1 are as follows:

(1)

Front. There shall be a front yard of not less than 25 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-192(1)a.

c.

No accessory building shall be located in a front yard.

d.

Front yards for townhouses shall be regulated by section 21-195.

(2)

Side.

a.

Single-family detached and duplex dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Duplex dwellings with each dwelling unit on a separate lot: There shall be side yards of not less than seven and one-half feet, except that no side yard shall be required for the common property line between attached units.

c.

Multifamily dwellings: There shall be side yards of at least 15 feet.

d.

Other uses: There shall be side yards of at least 15 feet.

e.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

f.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

g.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-192(5).

h.

Side yards for townhouses shall be regulated by section 21-195.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-192(5).

d.

Rear yards for townhouses shall be regulated by section 21-195.

(4)

Reduction of front, side and rear yard requirements.

a.

Required front, side and rear yards for single-family detached, duplex and townhouse dwellings may be reduced with a special use permit approved by the city council in accordance with article II, division 2, if it is found that:

1.

The reduction will allow an innovative or creative layout of dwellings on the property that is superior to that which could be achieved under the standard regulations;

2.

The reduction will enhance or preserve green space, tree cover or natural topography; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Yard reductions shall be allowed only for projects containing three or more single-family detached or townhouse dwellings, or three or more duplex buildings.

c.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

d.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the RM-1 district.

(5)

Transitional screening for duplex and multifamily dwellings.

a.

An open space area for transitional screening of at least 25 feet in width shall be provided along side and rear property lines when a duplex or multifamily dwelling is adjacent to a lot in the RS-1 and RS-2 zoning districts, or adjacent to the Colonial Parkway.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(6)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards and toward the landscaped open space required by section 21-194.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 06-03, 1-12-06; Ord. No. 08-06, 3-13-08)

The height requirements in the multifamily dwelling district RM-1 area as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-192(1)a., shall be permitted.

c.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

d.

Parapet walls shall not exceed the building height by more than four feet.

e.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

(a)

The landscaped open space requirements in the multifamily district RM-1 are as follows:

(1)

Single-family detached and duplex dwellings: No landscaped open space requirement.

(2)

Multifamily dwellings: At least 50 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-192(5), and Resource Protection Area (RPA) buffer areas as specified by 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(3)

Other uses: No landscaped open space required.

(b)

The recreation area requirements in the multifamily district RM-1 are as follows:

(1)

Single-family detached and duplex dwellings: No recreation area required.

(2)

Multifamily dwellings:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a multifamily development of more than 25 dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed project is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the development, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60 day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(3)

Other uses: No recreation area required.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 08-06, 3-13-08)

Sidewalks of a least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for a multifamily dwelling development. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of driveway or parking lot pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(Ord. No. 3-96, 3-14-96)

The regulations for townhouses in the multifamily dwelling district RM-1 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed eight townhouses per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

a.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 25 feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 25 feet.

d.

Transitional screening. A landscaped open space area for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in the RS-1 and RS-2 zoning districts.

1.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

2.

Transitional screening open space shall not be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

3.

Transitional screening open space shall be in addition to the required side and rear yards.

4.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

The board of zoning appeals shall not make a decision on the special exception until a recommendation has been received from the planning commission.

e.

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be constructed in accordance with section 21-783(4).

(5)

Sidewalks. Sidewalks of at least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(6)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and rooflines.

(7)

Accessory buildings. No accessory buildings shall be permitted.

(7.1)

Recreation areas.

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a townhouse development having 25 or more dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed townhouse development is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the townhouse development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory. completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the townhouse development, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the townhouse development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the townhouse development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(8)

Management of common open space, recreation areas and private streets.

a.

All common open space, recreation areas and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreation areas and private streets are to be administered by a nonprofit organization the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; and shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

c.

Recreation areas may be dedicated to the city (subject to acceptance by the city).

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 6, 1-13-94; Ord. No. 3-96, 3-14-96; Ord. No. 11-98, 4-9-98; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 1, 6-14-01)

(a)

Intent. These regulations are designed to allow the development of a cluster subdivision of single-family detached dwellings in the multifamily dwelling district RM-1 with a variation of lot sizes, but without an increase in the overall density that would normally be allowed in the RM-1 district. They are intended to:

(1)

Encourage the preservation of environmentally sensitive lands, including, but not limited to, those designated by the Comprehensive Plan and by Article VIII, Chesapeake Bay Preservation;

(2)

Prevent soil erosion by permitting development according to the nature of the terrain;

(3)

Provide larger open areas with greater utility for rest and recreation;

(4)

Provide for natural buffer areas along streets and highways; and

(5)

Encourage more attractive subdivision design.

(b)

Design criteria.

(1)

Cluster subdivisions shall be designed to preserve significant natural features and sensitive environmental areas. These include, but are not limited to, the following: streams, shore lines, wetlands, ravines, significant stands of trees, and steep slopes.

(2)

Open space intended for recreation or common use shall be easily accessible to pedestrians.

(c)

Minimum size. The minimum permitted size for any cluster subdivision shall be five acres.

(d)

Application procedures. Cluster subdivisions shall follow the application procedures outlined in Chapter 16, Subdivisions.

(e)

Lot area, lot width, and yards.

(1)

Individual lots for single-family detached dwellings in a cluster subdivision shall be exempt from the minimum lot width and yard requirements for the RM-1 district. Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where the main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to enter the adjoining property to gain access to each owner's structure for the purposes of performing essential maintenance and service

(2)

Lots on the perimeter of the subdivision may be required to follow the normal lot areas, lot width, and/or yard requirements for the RM-1 District.

(3)

The required lot area, lot width, and yards shall be as shown on the approved final subdivision plat, and shall remain in effect unless the final subdivision plat is amended in accordance with Chapter 16, Subdivisions. The Board of Zoning Appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(f)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(g)

Cluster subdivision density. For cluster subdivisions, the number of lots for the entire parcel shall not exceed that specified in section 21-190.

(h)

Common open space.

(1)

A minimum of 25 percent of the gross area of the cluster subdivision shall be common open space.

(2)

Recreation areas.

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in the cluster subdivision for subdivisions of more than 25 lots. Such areas shall be arranged and improved to provide suitable active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed cluster subdivision is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the development plan for the cluster subdivision. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the recordation of the final plat for each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the cluster subdivision is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved development plan for the cluster subdivision. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the recordation of the final plat for the cluster subdivision, or, if the subdivision is developed in phases, within 60 days following the recordation of the final plate for the last phase of the cluster subdivision, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60 day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the cluster subdivision, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(2)

All common open space and recreation areas shall be preserved for their intended purpose as shown on the approved final subdivision plat. The common open space shall be either dedicated to the City of Williamsburg (subject to acceptance by the city), or administered by a non-profit organization, subject to the following:

a.

The developer must establish the organization prior to the recordation of the subdivision.

b.

Membership in the organization shall be mandatory for all lot owners, present and future, within the cluster subdivision.

c.

The organization shall own all common open space and recreation facilities, and shall provide for its maintenance, administration and operation.

(Ord. No. 3-96, 3-14-96; Ord. No. 01-13, § 1, 6-14-01)

This district is established as a residential area with a high population density. Uses such as schools, churches, public buildings and other uses that may be compatible with multifamily residential uses may be allowed with special permits.

(Ord. No. 862, 10-10-91)

The permitted dwelling unit occupancy in the multifamily dwelling district RM-2 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the multifamily dwelling district RM-2 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Duplex dwellings.

(3)

Multifamily dwellings. Private streets and driveways shall be constructed in accordance with section 21-783(4).

(4)

Townhouses in accordance with section 21-220.

(4.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(5)

Off-street parking and loading areas for permitted uses in accordance with article V.

(6)

Signs in accordance with article VI.

(7)

Accessory uses in accordance with section 21-603.

(8)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 11-98, 4-9-98; Ord. No. 08-23, 8-14-08)

Uses permitted in the multifamily dwelling district RM-2 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the multifamily dwelling district RM-2 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Churches and other permanent buildings used for religious worship.

(2)

Day care centers.

(2.1)

Nursing homes.

(3)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Private clubs and lodges.

(5)

Public buildings owned and/or operated by the City of Williamsburg.

(6)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(7)

Use of land for access to residential developments in an adjoining jurisdiction when more than 50 percent of the dwelling units in the development are located in the adjoining jurisdiction. Access may be allowed for the following types of dwelling units:

a.

Single-family detached dwellings.

b.

Duplex dwellings.

c.

Multifamily dwellings.

d.

Townhouses.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 26-95, 10-12-95; Ord. No. 8-00, 6-8-00; Ord. No. 08-23, 8-14-08)

The lot area and density requirements in the multifamily dwelling district RM-2 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be a minimum lot area of 10,000 square feet.

(3)

Lot area for townhouses shall be regulated by section 21-220.

(Ord. No. 862, 10-10-91)

The lot width requirements in the multifamily dwelling district RM-2 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for a single-family detached dwelling shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(2)

Duplex dwellings: The minimum lot width at the building line for duplex dwellings shall be 60 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 25 feet, and the total lot width for the two dwelling units shall be 60 feet. The lot width shall not be less than 25 feet at the street line.

(3)

Multifamily dwellings: The minimum lot width at the building line for multifamily dwellings shall be 80 feet and the lot width shall not be less than 25 feet at the street line.

(4)

Other uses: The minimum lot width at the building lien for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(5)

Lot width for townhouses shall be regulated by section 21-220.

(Ord. No. 862, 10-10-91; Ord. No. 10-13, 7-8-10)

The yard requirements in the multifamily dwelling district RM-2 are as follows:

(1)

Front. There shall be a front yard of not less than 25 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-217(1)a.

c.

No accessory building shall be located in a front yard.

d.

Front yards for townhouses shall be regulated by section 21-220.

(2)

Side.

a.

Single-family detached and duplex dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Duplex dwellings with each dwelling unit on a separate lot: There shall be side yards of not less than seven and one-half feet, except that no side yard shall be required for the common property line between attached units.

c.

Multifamily dwellings: There shall be side yards of at least 15 feet.

d.

Other uses: There shall be side yards of at least 15 feet.

e.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

f.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

g.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-217(5).

h.

Side yards for townhouses shall be regulated by section 21-220.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-217(5).

d.

Rear yards for townhouses shall be regulated by section 21-220.

(4)

Reduction of front, side and rear yard requirements.

a.

Required front, side and rear yards for single-family detached, duplex and townhouse dwellings may be reduced with a special use permit approved by the city council in accordance with article II, division 2, if it found that:

1.

The reduction will allow an innovative or creative layout of dwellings on the property that is superior to that which could be achieved under the standard regulations;

2.

The reduction will enhance or preserve green space, tree cover or natural topography; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Yard reductions shall be allowed only for projects containing three or more single-family detached or townhouse dwellings, or three or more duplex buildings.

c.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

d.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the RM-2 district.

(5)

Transitional screening for duplex and multifamily dwellings.

a.

An open space area for transitional screening of at least 25 feet in width shall be provided along side and rear property lines when a duplex or multifamily dwelling is adjacent to a lot in the RS-1 and RS-2 zoning districts, or adjacent to the Colonial Parkway.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(6)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards and toward the landscaped open space required by section 21-219.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 08-06, 3-13-08 ; Ord. No. 09-02, 1-8-09)

The height requirements in the multifamily dwelling district RM-2 area as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-217(1)a., shall be permitted.

c.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

d.

Parapet walls shall not exceed the building height by more than four feet.

e.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

(a)

The landscaped open space requirements in the multifamily district RM-2 are as follows:

(1)

Single-family detached and duplex dwellings: No landscaped open space requirement.

(2)

Multifamily dwellings: At least 50 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-217(5), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(3)

Other uses: No landscaped open space required.

(b)

The recreation area requirements in the multifamily district RM-2 are as follows:

(1)

Single-family detached and duplex dwellings: No recreation area required.

(2)

Multifamily dwellings:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a multifamily development of more than 25 dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed project is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the development, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum. width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(3)

Other uses: No recreation area required.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 08-06, 3-13-08)

Sidewalks of a least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission; shall be constructed to provide a pedestrian circulation system for a multifamily dwelling development. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of driveway or parking lot pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(Ord. No. 3-96, 3-14-96)

The regulations for townhouses in the multifamily dwelling district RM-2 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed 14 townhouses per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

a.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 25 feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 25 feet.

d.

Transitional screening. A landscaped open space area for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in the RS-1 and RS-2 zoning districts.

1.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

2.

Transitional screening open space shall not be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

3.

Transitional screening open space shall be in addition to the required side and rear yards.

4.

The planning commission may, reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

e.

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be constructed in accordance with section 21-783(4).

(5)

Sidewalks. Sidewalks of at least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(6)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and rooflines.

(7)

Accessory buildings. No accessory buildings shall be permitted, except for detached garages.

(7.1)

Recreation areas.

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a townhouse development having 25 or more dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed townhouse development is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the townhouse development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the townhouse development, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the townhouse development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the townhouse development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(8)

Management of common open space, recreation areas and private streets.

a.

All common open space, recreation areas and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreation areas and private streets are to be administered by a nonprofit organization the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreation and cultural facilities and/or private streets; and shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

c.

Recreation areas may be dedicated to the city (subject to acceptance by the city).

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 6, 1-13-94; Ord. No. 3-96, 3-14-96; Ord. No. 11-98, 4-9-98; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 1, 6-14-01 ; Ord. No. 09-02, 1-8-09)

(a)

Intent. These regulations are designed to allow the development of a cluster subdivision of single-family detached dwellings in the multifamily dwelling district RM-2 with a variation of lot sizes, but without an increase in the overall density that would normally be allowed in the RM-2 district. They are intended to:

(1)

Encourage the preservation of environmentally sensitive lands, including, but not limited to, those designated by the Comprehensive Plan and by Article VIII, Chesapeake Bay Preservation;

(2)

Prevent soil erosion by permitting development according to the nature of the terrain;

(3)

Provide larger open areas with greater utility for rest and recreation;

(4)

Provide for natural buffer areas along streets and highways; and

(5)

Encourage more attractive subdivision design.

(b)

Design criteria.

(1)

Cluster subdivisions shall be designed to preserve significant natural features and sensitive environmental areas. These include, but are not limited to, the following: streams, shore lines, wetlands, ravines, significant stands of trees, and steep slopes.

(2)

Open space intended for recreation or common use shall be easily accessible to pedestrians.

(c)

Minimum size. The minimum permitted size for any cluster subdivision shall be five acres.

(d)

Application procedures. Cluster subdivisions shall follow the application procedures outlined in Chapter 16, Subdivisions.

(e)

Lot area, lot width, and yards.

(1)

Individual lots for single-family detached dwellings in a cluster subdivision shall be exempt from the minimum lot width and yard requirements for the RM-2 district. Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where the main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to enter the adjoining property to gain access to each owner's structure for the purposes of performing essential maintenance and service.

(2)

Lots on the perimeter of the subdivision may be required to follow the normal lot areas, lot width, and/or yard requirements for the RM-2 District.

(3)

The required lot area, lot width, and yards shall be as shown on the approved final subdivision plat, and shall remain in effect unless the final subdivision plat is amended in accordance with Chapter 16, Subdivisions. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(f)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(g)

Cluster subdivision density. For cluster subdivisions, the number of lots for the entire parcel shall not exceed that specified in section 21-215.

(h)

Common open space.

(1)

A minimum of 25 percent of the gross area of the cluster subdivision shall be common open space.

(2)

Recreation areas:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in the cluster subdivision for subdivisions of more than 25 lots. Such areas shall be arranged and improved to provide suitable active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed cluster subdivision is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the development plan for the cluster subdivision. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the recordation of the final plat for each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the cluster subdivision is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved development plan for the cluster subdivision. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the recordation of the final plat for the cluster subdivision, or, if the subdivision is developed in phases, within 60 days following the recordation of the final plat for the last phase of the cluster subdivision, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the cluster subdivision, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(2)

All common open space and recreation areas shall be preserved for their intended purpose as shown on the approved final subdivision plat. The common open space shall be either dedicated to the City of Williamsburg (subject to acceptance by the city), or administered by a non-profit organization, subject to the following:

a.

The developer must establish the organization prior to the recordation of the subdivision.

b.

Membership in the organization shall be mandatory for all lot owners, present and future, within the cluster subdivision.

c.

The organization shall own all common open space and recreation facilities, and shall provide for its maintenance, administration and operation.

(Ord. No. 3-96, 3-14-96; Ord. No. 01-13, § 1, 6-14-01)

This district is established to promote harmonious development and redevelopment in the downtown residential areas adjacent to the Colonial Williamsburg district and the College of William and Mary. The regulations are designed to maintain and encourage the existing small scale pedestrian character of this area, and to encourage a harmonious mixture of residential uses.

(Ord. No. 862, 10-10-91)

The permitted dwelling unit occupancy in the downtown residential district RDT is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the downtown residential district RDT are as follows:

(1)

Single-family detached dwellings.

(2)

Duplex dwellings.

(2.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(2.2)

Public art approved through the City's public arts program.

(3)

Off-street parking and loading areas for permitted uses in accordance with article V.

(4)

Signs in accordance with article VI.

(5)

Accessory uses in accordance with section 21-603.

(6)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 08-23, 8-14-08; Ord. No. 21-13, 10-14-21)

Uses permitted in the downtown residential district RDT with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(2)

Bed and breakfast establishments in accordance with section 21-605.1.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the downtown residential district RDT with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Multifamily dwellings. Private streets and driveways shall be constructed in accordance with section 21-783(4).

(2)

Townhouses in accordance with section 21-245.

(3)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Churches and other permanent buildings used for religious worship.

(5)

Day care centers.

(6)

Public buildings owned and/or operated by the City of Williamsburg.

(7)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 11-98, 4-9-98; Ord. No. 08-23, 8-14-08)

The lot area and density requirements in the downtown residential district RDT are as follows:

(1)

Dwelling units: There shall be a maximum density of eight dwelling units per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to the surrounding neighborhoods in the area. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be a minimum lot area of 10,000 square feet.

(3)

Lot area for townhouses shall be regulated by section 21-245.

(Ord. No. 862, 10-10-91; Ord. No. 06-32, 12-14-06; Ord. No. 13-06, 4-11-13)

The lot width requirements in the downtown residential district RDT are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line for single-family detached dwellings shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(2)

Duplex dwellings: The minimum lot width at the building line for duplex dwellings shall be 60 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 30 feet for each lot. The lot width shall not be less than 25 feet at the street line.

(3)

Multifamily dwellings: The minimum lot width at the building line for multifamily dwellings shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(4)

Other uses: The minimum lot width at the building line for other uses shall be 100 feet and the lot width shall not be less than 25 feet at the street line.

(5)

Lot width for townhouses shall be regulated by section 21-245.

(Ord. No. 862, 10-10-91)

The yard requirements in the downtown residential district RDT are as follows:

(1)

Front. There shall be a front yard of not less than 25 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-242(1)a.

c.

No accessory building shall be located in a front yard.

d.

Front yards for townhouses shall be regulated by section 21-245.

(2)

Side.

a.

Single-family detached and duplex dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Duplex dwellings with each dwelling unit on a separate lot: There shall be side yards of not less than seven and one-half feet, except that no side yard shall be required for the common property line between attached units.

c.

Multifamily dwellings: There shall be side yards of at least 15 feet.

d.

Other uses: There shall be side yards of at least 15 feet.

e.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

f.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

g.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-242(5).

h.

Side yards for townhouses shall be regulated by section 21-245.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to an RS-1 or RS-2 zoning district, in accordance with section 21-242(5).

d.

Rear yards for townhouses shall be regulated by section 21-245.

(4)

Reduction of side and rear yard requirements.

a.

Required side and rear yards for single-family, duplex, multifamily and townhouse dwellings may be reduced with a special use permit approved by the city council in accordance with article II, division 2, if it is found that:

1.

The reduction will allow an innovative or creative layout of dwelling units on the property that is superior to that which could be achieved under the standard regulations;

2.

The reduction will enhance or preserve green space, tree cover or natural topography; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Yard reductions shall be allowed only for projects containing three or more single-family detached or townhouse dwellings, or three or more duplex or multifamily buildings.

c.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

d.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the RDT district.

(5)

Transitional screening for duplex and multifamily dwellings.

a.

An open space area for transitional screening of at least 25 feet in width shall be provided along side and rear property lines when a duplex or multifamily dwelling is adjacent to a lot in the RS-1 and RS-2 zoning districts, or adjacent to the Colonial Parkway.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(Ord. No. 862, 10-10-91; Ord. No. 12-98, 5-14-98; Ord. No. 08-06, 3-13-08)

The height requirements in the downtown residential district RDT are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-242(1)a., shall be permitted.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

The landscaped open space requirements in the downtown residential district RDT are as follows:

(1)

Single-family detached and duplex dwellings: No landscaped open space requirement.

(2)

Multifamily dwellings: At least 25 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-242(5), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(3)

Other uses: No landscaped open space requirement.

(Ord. No. 862, 10-10-91; Ord. No. 08-06, 3-13-08)

The regulations for townhouses in the downtown residential district RDT are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed eight townhouses per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to the surrounding neighborhoods in the area. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 25 feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 25 feet.

d.

Transitional screening. A landscaped open space area for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in the RS-1 and RS-2 zoning districts.

1.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

2.

Transitional screening open space shall not be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

3.

Transitional screening open space shall be in addition to the required side and rear yards.

4.

The planning commission may, reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be constructed in accordance with section 21-783(4).

(5)

Sidewalks. Sidewalks of at least four feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project.

(6)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and rooflines.

(7)

Accessory buildings. No accessory buildings shall be permitted.

(8)

Management of common open space, recreational facilities and private streets.

a.

All common open space and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets, and shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

(Ord. No. 862, 10-10-91; Ord. No. 11-98, 4-9-98; Ord. No. 06-32, 12-14-06; Ord. No. 13-06, 4-11-13)

This district is established to allow a mixture of residential, office and commercial uses in the areas north and south of the B-1 Downtown Business District that are designated by the Comprehensive Plan as Mixed Use land use. Residential yard requirements are imposed to help maintain the residential scale and character of the areas. Increased residential density and higher intensity uses such as parking garages may be allowed with the issuance of a special use permit.

(Ord. No. 3-98, 2-2-98; Ord. No. 13-05, 4-11-13)

The permitted dwelling unit occupancy in the limited business downtown district LB-1 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the limited business downtown district LB-1 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Duplexes.

(2.1)

Mobile food units in accordance with Section 21-622.

(3)

Multifamily dwellings.

(4)

Townhouses in accordance with section 21-244.

(5)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(5.1)

Public art approved through the City's public arts program.

(5.2)

Public buildings owned and/or operated by the City of Williamsburg.

(6)

Uses in buildings with a gross floor area not exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial institutions.

c.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Offices.

f.

Restaurants, but drive-thru windows shall be prohibited.

g.

Retail sales establishments.

(7)

Community centers and assembly halls owned and operated by the City of Williamsburg.

(8)

Museums and art galleries.

(9)

Off-street parking and loading areas for permitted uses in accordance with Article V.

(10)

Signs in accordance with Article VI.

(11)

Accessory uses in accordance with section 21-603.

(12)

Home occupations in accordance with section 21-606.

(Ord. No. 3-98, 2-2-98; Ord. No. 2-99, 1-14-99; Ord. No. 08-23, 8-14-08; Ord. No. 14-27, 11-13-14; Ord. No. 19-02, 1-10-19; Ord. No. 19-17, 9-12-19; Ord. No. 21-13, 10-14-21)

Uses permitted in the limited business downtown LB-1 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(2)

Bed and breakfast establishments in accordance with section 21-605.1.

(Ord. No. 3-98, 2-2-98; Ord. No. 14-13, 6-12-14)

Uses permitted in the limited business downtown district LB-1 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Senior housing, as defined.

(2)

Uses in buildings with a gross floor area exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial institutions.

c.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Offices.

f.

Restaurants, but drive-thru windows shall be prohibited.

g.

Retail sales establishments.

(3)

Hotels/motels and timeshare units with ten or less bedrooms.

(4)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(5)

Parking lots and parking garages.

(6)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(Ord. No. 3-98, 2-2-98; Ord. No. 2-99, 1-14-99; Ord. No. 04-11, 5-13-04; Ord. No. 08-23, 8-14-08; Ord. No. 13-07, 4-11-13; Ord. No. 14-27, 11-13-14)

The lot area and density requirements in the limited business downtown district LB-1 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings and to the downtown area as a whole. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Lot area for townhouses shall be regulated by section 21-254.

(Ord. No. 3-98, 2-2-98; Ord. No. 03-32, 11-13-03; Ord. No. 07-24, 6-14-07; Ord. No. 13-05, 4-11-13)

The lot width requirements in the limited business downtown district LB-1 are as follows:

(1)

The minimum lot width at the building line shall be 50 feet and shall not be less than 25 feet at the street line.

(2)

Duplex dwellings—the minimum lot width at the building line for duplex dwellings shall be 50 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 25 feet for each lot. The lot width shall not be less than 25 feet at the street line.

(3)

Lot width for townhouses shall be regulated by section 21-244.

(4)

For lots contiguous to a lot containing a parking garage, no minimum lot width shall be required at the building line or at the street line, and no street frontage shall be required.

(Ord. No. 3-98, 2-2-98)

The yard requirements in the limited business downtown district LB-1 are as follows:

(1)

Front.

a.

For lots fronting on Lafayette Street, there shall be a front yard of not less than 15 feet.

b.

For lots fronting on North Boundary Street between Lafayette Street and Scotland Street, there shall be a front yard of not less than ten feet.

c.

For lots fronting on North Boundary Street between Scotland Street and Prince George Street, there shall be a front yard of not less than 15 feet.

d.

For lots fronting on Scotland Street between North Boundary and North Henry Streets, there shall be a front yard of not less than 35 feet.

e.

For lots fronting on Scotland Street between Armistead Avenue and North Boundary Street, there shall be a front yard of not less than 15 feet.

f.

For lots fronting on Armistead Avenue, there shall be a front yard of not less than 25 feet.

g.

For lots fronting on North Henry Street, there shall be a front yard of not less than 25 feet.

h.

For lots fronting on South Henry Street, there shall be a front yard of not less than 25 feet.

i.

For lots fronting on Ireland Street, there shall be a front yard of not less than 15 feet.

j.

For lots fronting on Crump Lane, there shall be a front yard of not less than 25 feet.

k.

For lots fronting on Newport Avenue, there shall be a front yard of not less than 25 feet.

l.

For lots fronting on driveways abutting the Northington Green, no front yard shall be required.

m.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-252(1)a. above.

n.

No accessory building shall be located in a front yard.

o.

Parking shall be prohibited in a front yard.

(2)

Side.

a.

There shall be a side yard of not less than five feet, except that no side yard shall be required between a parking garage and a non-residential building when such uses are located on contiguous lots, and no side yard shall be required when a lot is contiguous to driveways abutting the Northington Green.

b.

Corner lots—On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat. Parking shall be prohibited in the side yard abutting the street.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Side yards for townhouses shall be regulated by section 21-244.

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet, except that:

1.

A rear yard of not less than 15 feet shall be required between a residential building and a parking garage when such uses are located on contiguous lots.

2.

No rear yard shall be required between a parking garage and a non-residential building when such uses are located on contiguous lots.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Rear yards for townhouses shall be regulated by section 21-244.

(4)

Reduction of front, side and rear yard requirements.

a.

Required front, side and rear yards may be reduced with a special use permit approved by city council in accordance with article II, division 2, if it is found that:

1.

The reduction will allow an innovative or creative layout of buildings on the property that is superior to that which could be achieved under the standard regulations; and

2.

The reduction will allow the buildings to relate better to the streetscape and to other buildings in the immediate vicinity; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

c.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the LB-1 district.

(Ord. No. 3-98, 2-2-98; Ord. No. 2-99, 1-14-99; Ord. No. 17-99, 5-13-99; Ord. No. 01-17, 10-11-01; Ord. No. 05-30, 12-8-05; Ord. No. 13-05, 4-11-13)

The height requirements in the limited business downtown district LB-1 are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

Parapet walls shall not exceed the building height by more than four feet.

b.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 3-98, 2-2-98; Ord. No. 16-99, 5-13-99)

The regulations for townhouses in the limited business downtown district LB-1 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed 14 townhouses per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings and to the downtown area as a whole. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. Front yards shall be as required in section 21-252(1). Parking shall be prohibited in a front yard.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least five feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 25 feet.

(4)

Street frontage. Each townhouse shall front on a dedicated public street.

(5)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and roof lines.

(6)

Management of common open space, recreational facilities and private streets.

a.

All common open space and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization shall confirm to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

(Ord. No. 3-98, 2-2-98; Ord. No. 07-24, 6-14-07; Ord. No. 13-05, 4-11-13)

This district is established to allow a mixture of office, commercial and residential uses in areas that are designated by the Comprehensive Plan as Mixed Use land use, and which are located outside of the Center City area. In keeping with the urban mixed use character of these areas, studios and workshops for artists and artisans are allowed with a special exception. Higher intensity uses such as buildings with a floor area exceeding 10,000 square feet, multifamily dwellings, hotels with more than ten rooms, and larger restaurants may be allowed with a special use permit to ensure that the use is compatible with surrounding neighborhoods.

(Ord. No. 08-01, 2-14-08; Ord. No. 12-11B, 6-14-12)

The permitted dwelling unit occupancy in the limited business neighborhood district LB-2 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the limited business neighborhood district LB-2 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Duplex dwellings.

(3)

Hotels/motels with ten or less bedrooms.

(4)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(4.1)

Public art approved through the City's public arts program.

(4.2)

Public buildings owned and/or operated by the City of Williamsburg.

(5)

Uses in buildings with a gross floor area not exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial institutions.

c.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors, and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Museums and art galleries.

f.

Offices.

g.

Printing and photocopying shops.

h.

Restaurants without drive-thru windows, and with a gross floor area not exceeding 2,500 square feet.

i.

Retail sales establishments with a gross floor area not exceeding 5,000 square feet.

(6)

Off-street parking and loading areas for permitted uses in accordance with Article V.

(7)

Signs in accordance with Article VI.

(8)

Accessory uses in accordance with section 21-603.

(9)

Home occupations in accordance with section 21-606.

(Ord. No. 08-01, 2-14-08; Ord. No. 08-23, 8-14-08; Ord. No. 12-11B, 6-14-12; Ord. No. 14-27, 11-13-14; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23)

Uses permitted in the limited business neighborhood district LB-2 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Studios or workshops for artists and artisans, either as a separate use or in conjunction with a residential use on the premises, as follows:

a.

Artists may include, but are not limited to, woodworkers, potters/ceramicists, candle makers, stained-glass makers, glass artists, textile artists, jewelers, painters, printmakers, photographers, musical instrument makers, papermakers, sculptors, and other arts and crafts uses of a similar nature.

b.

Use of the premises may include the showing and sale of art, made either on- or off-premises.

c.

An electric or gas-fired kiln with an interior volume of up to 50 cubic feet may be used for pottery and/or ceramics.

d.

Materials and supplies shall not be stored outdoors.

(Ord. No. 08-01, 2-14-08)

Uses permitted in the limited business neighborhood district LB-2 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Multifamily dwellings.

(2)

Student dwellings, with or without kitchens, owned, operated or leased by the College of William and Mary.

(3)

Townhouses in accordance with section 21-255.10.

(4)

Churches and other buildings used for religious worship.

(5)

Day care centers located in the same building as a church or public or private school.

(6)

Hotels/motels and timeshare units, and associated meeting facilities with more than ten bedrooms.

(7)

Laundry and dry cleaning establishments.

(8)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(9)

Public or private elementary, middle or high schools, colleges and universities, and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(10)

Radio and television broadcasting stations, studios and offices, but excluding onsite towers.

(11)

Restaurants without drive-thru windows and with a gross floor area exceeding 2,500 square feet.

(12)

Retail sales establishments with a gross floor area exceeding 5,000 square feet.

(13)

Uses in buildings with a gross floor area exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial establishments.

c.

Convenience service establishments, limited to barbershops, beauty parlors, tailors, and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Museums and art galleries.

f.

Offices.

g.

Printing and photocopying shops.

h.

Restaurants without drive-thru windows and with a gross floor area exceeding 2,500 square feet.

i.

Retail sales establishments with a gross floor area exceeding 5,000 square feet.

(Ord. No. 08-01, 2-14-08; Ord. No. 08-23, 8-14-08; Ord. No. 12-11B, 6-14-12; Ord. No. 13-21, 6-13-13; Ord. No. 14-27, 11-13-14; Ord. No. 17-02, 3-9-17)

The density requirements in the limited business neighborhood district LB-2 are as follows:

(1)

Dwelling units. There shall be a maximum density of eight dwelling units per net acre, except that the maximum density may be increased up to 14 dwelling units per net acre with a special use permit approved by the city council in accordance with article II, division 4. Net acreage shall be based on existing land conditions, as specified in the following chart:

(2)

Student dwellings. For student dwellings in the LB-2 district, density shall be determined as a part of the special use permit process. In deciding on the density to be allowed, city council shall consider the proximity of the property to the campus of the College of William and Mary, the unique characteristics of the property, the reuse of the existing buildings and structures on the property, the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings and to the Planning Area in which it is located as a whole. The approved density shall be based upon net acreage, which shall be calculated based on existing land conditions, as specified in the following chart:

(3)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 08-01, 2-14-08; Ord. No. 17-02, 3-9-17)

The lot width requirements in the limited business neighborhood district LB-2 are as follows:

(1)

Single-family detached dwellings: The minimum lot width at the building line shall be 50 feet and shall not be less than 25 feet at the street line.

(2)

Duplex dwellings: The minimum lot width at the building line shall be 60 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 30 feet for each lot. The lot width shall not be less than 25 feet for each lot at the street line.

(3)

Multifamily dwellings: The minimum lot width at the building line shall be 50 feet and shall not be less than 25 feet at the street line.

(4)

Other uses: The minimum lot width at the building line shall be 50 feet and shall not be less than 25 feet at the street line.

(Ord. No. 08-01, 2-14-08)

The yard requirements in the limited business neighborhood district LB-2 are as follows:

(1)

Front. There shall be a front yard of not less than 15 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-255.7(1)a.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

Single-family detached and duplex dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Duplex dwellings with each dwelling unit on a separate lot: There shall be side yards of not less than seven and one-half feet, except that no side yard shall be required for the common property line between attached units.

c.

Multifamily dwellings: There shall be side yards of at least ten feet.

d.

Other uses: There shall be a side yard of at least ten feet.

e.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat. Parking shall be prohibited in the side yard abutting the street.

f.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

g.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-255.7(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-255.7(4).

(4)

Transitional screening.

a.

A landscaped open space for transitional screening at least ten feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district. The transitional screening open space shall include the required side and rear yards.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings, mechanical equipment, or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

Transitional screening open space may be counted toward the landscaped open space required by section 21-255.9

e.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening will be provided that will provide screening equivalent to that required by this section.

(Ord. No. 08-01, 2-14-08; Ord. No. 12-11B, 6-14-12)

The height requirements in the limited business neighborhood district LB-2 are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30% of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 08-01, 2-14-08)

The landscaped open space requirements in the limited business neighborhood district LB-2 are as follows:

(1)

At least 15 percent of the total land area of the lot shall be landscaped open space.

(Ord. No. 08-01, 2-14-08)

The regulations for townhouses in the limited business neighborhood district LB-2 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed eight townhouses per net acre, except that the maximum density may be increased to 14 units per net acre with a special use permit approved by the city council in accordance with article II, division 4. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. Front yards shall be as required in section 21-255.7(1). Parking shall be prohibited in a front yard.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least five feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 25 feet.

(4)

Street frontage. Each townhouse shall front on a dedicated public street.

(5)

Management of common open space, recreational facilities and private streets.

a.

All common open space and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

(Ord. No. 13-21, 6-13-13)

This district is established to allow high quality mixed-use development in the Northeast Triangle Planning Area in areas designated as mixed use land use by the Comprehensive Plan. Suitable mixed-use developments could include the following components: residential uses (including senior and/or student housing); commercial and office uses; hotels and time shares; museums, art galleries and live/work space for artists and artisans. Because of the strategic and sensitive location of the Historic Triangle Planning Area, a rezoning to LB-3 should not be approved until an acceptable master plan has been submitted for the property.

(Ord. No. 31-98, 10-8-98; Ord. No. 13-14, 5-9-13)

The permitted dwelling unit occupancy in the limited business mixed-use district LB-3 is as follows:

(1)

A family;

(2)

No more than three unrelated persons;

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met; or

(4)

For student designed dwellings in accordance with subsection 21-256.4(4), no more than two unrelated persons in an efficiency or one bedroom dwelling unit; or no more than four unrelated persons in a two or more bedroom dwelling unit.

(Ord. No. 09-19, 12-10-09; Ord. No. 13-14, 5-9-13; Ord. No. 17-17A, 10-12-17)

The uses permitted in the limited business mixed-use district LB-3 are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Duplexes.

(3)

Day care centers.

(4)

Hotels/motels with ten or less bedrooms.

(5)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(6)

Public art approved through the City's public arts program.

(6.1)

Public building owned and/or operated by the City of Williamsburg.

(7)

Uses in buildings with a gross floor area not exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial institutions.

c.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors, and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Museums and art galleries.

f.

Offices.

g.

Printing and photocopying shops.

h.

Restaurants without drive-thru windows, and with a gross floor area not exceeding 2,500 square feet.

i.

Retail sales establishments with a gross floor area not exceeding 5,000 square feet.

(8)

Off-street parking and loading areas for permitted uses in accordance with article V.

(9)

Signs in accordance with article VI.

(10)

Accessory uses in accordance with section 21-603.

(11)

Home occupations in accordance with section 21-606.

(Ord. No. 31-98, 10-8-98; Ord. No. 08-23, 8-14-08; Ord. No. 13-14, 5-9-13; Ord. No. 14-27, 11-13-14; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23)

Uses permitted in the limited business mixed-use district LB-3 with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(1.1)

Bed and breakfast establishments in accordance with section 21-605.1.

(2)

Studios or workshops for artists and artisans, either as a separate use or in conjunction with a residential use on the premises, as follows:

a.

Artists may include, but are not limited to, woodworkers, potters/ceramicists, candle makers, stained-glass makers, glass artists, textile artists, jewelers, painters, printmakers, photographers, musical instrument makers, papermakers, sculptors, and other arts and crafts uses of a similar nature.

b.

Use of the premises may include the showing and sale of art, made either on- or off-premises.

c.

An electric or gas-fired kiln with an interior volume of up to 50 cubic feet may be used for pottery and/or ceramics.

d.

Materials and supplies shall not be stored outdoors.

(Ord. No. 31-98, 10-8-98; Ord. No. 13-14, 5-9-13; Ord. No. 14-13, 6-12-14)

Uses permitted in the limited business mixed-use district LB-3 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Multifamily dwellings. Private streets and driveways shall be constructed in accordance with subsection 21-783(4).

(2)

Townhouses in accordance with section 21-256.10.

(3)

Senior housing, as defined.

(4)

Student designed dwellings, subject to the following:

a.

Management shall be provided by either: (1) the College of William and Mary; or (2) in accordance with a management plan that is approved as a part of the rezoning and which provides for prompt and adequate performance of regular and emergency upkeep and maintenance on the complex and all dwelling units therein. The specific plan for the management of the student dwellings shall be approved as a part of the special use permit and shall remain in effect unless the approved special use permit is amended in accordance with article II, division 2.

(5)

Churches and other permanent buildings used for religious worship.

(6)

Hotels/motels and timeshare units, and associated meeting facilities.

(7)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(8)

Micro-brewery, micro-distillery, micro-winery and/or micro-cidery, with a capacity of not more than 15,000 barrels per year.

(9)

Public or private elementary, middle or high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(10)

Uses in buildings with a gross floor area exceeding 10,000 square feet per building:

a.

Bake shops.

b.

Banks and financial institutions.

c.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors, and shoe repair shops.

d.

Medical and dental offices and clinics.

e.

Museums and art galleries.

f.

Offices.

g.

Printing and photocopying shops.

h.

Restaurants without drive-thru windows, and with a gross floor area not exceeding 2,500 square feet.

i.

Retail sales establishments with a gross floor area not exceeding 5,000 square feet.

(Ord. No. 31-98, 10-8-98; Ord. No. 06-29, 12-14-06; Ord. No. 08-23, 8-14-08; Ord. No. 13-14, 5-9-13; Ord. No. 14-27, 11-13-14; Ord. No. 17-17A, 10-12-17)

The lot area and density requirements in the limited business mixed-use district LB-3 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(3)

Lot area for townhouses shall be regulated by section 21-256.10.

(Ord. No. 31-98, 10-8-98; Ord. No. 06-29, 12-14-06; Ord. No. 13-14, 5-9-13)

The lot width requirements in the limited business mixed-use district LB-3 are as follows:

(1)

The minimum lot width at the building line shall be 50 feet and shall not be less than 25 feet at the street line.

(2)

Duplex dwellings—the minimum lot width at the building line for duplex dwellings shall be 50 feet; however, when each dwelling unit is located on a separate lot the minimum lot width at the building line shall be 25 feet for each lot. The lot width shall not be less than 25 feet at the street line.

(3)

Other uses: The minimum lot width at the building line shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(4)

Lot width for townhouses shall be regulated by section 21-256.10.

(Ord. No. 31-98, 10-8-98; Ord. No. 13-14, 5-9-13)

The yard requirements in the limited business mixed-use district LB-3 are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except that for lots fronting on Penniman Road there shall be a front yard of not less than 15 feet:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-256.7(1)a.

c.

No accessory building shall be located in a front yard.

d.

Parking shall be prohibited in a front yard.

(2)

Side.

a.

Single-family detached and duplex dwellings: There shall be side yards of not less than seven and one-half feet.

b.

Duplex dwellings with each dwelling unit on a separate lot: There shall be side yards of not less than seven and one-half feet, except that no side yard shall be required for the common property line between units.

c.

Other uses: There shall be a side yard of at least ten feet.

d.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat. Parking shall be prohibited in the side yard abutting the street.

e.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

f.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-256.7(5).

g.

Side yards for townhouses shall be regulated by section 21-256.10.

(3)

Rear.

a.

Residential uses: For single-family, duplex and multifamily uses, there shall be a rear yard of not less than 25 feet.

b.

Other uses: There shall be a rear yard of not less that 15 feet.

c.

Rear yards for accessory buildings shall not be less than five feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-256.7(5).

e.

Rear yards for townhouses shall be regulated by section 21-256.10.

(4)

Reduction of front, side and rear yard requirements.

a.

Required front, side and rear yards may be reduced with a special use permit approved by city council in accordance with article II, division 2, if it is found that:

1.

The reduction will allow an innovative or creative layout of buildings on the property that is superior to that which could be achieved under the standard regulations; and

2.

The reduction will allow the buildings to relate better to the streetscape and to other buildings in the immediate vicinity; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

c.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the LB-3 District.

(5)

Transitional screening.

a.

A landscaped open space for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district, except that no transitional screening open space shall be required when adjoining multifamily residential zoning districts. The transitional screening open space shall be in addition to the required side and rear yards.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(Ord. No. 31-98, 10-8-98; Ord. No. 13-14, 5-9-13)

The height requirements in the limited business mixed-use district LB-3 are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 31-98, 10-8-98; Ord. No. 13-14, 5-9-13)

(a)

The landscaped open space requirements in the limited business mixed-use district LB-3 are as follows:

(1)

Single-family and duplex dwellings: No landscaped open space requirements.

(2)

Other uses: At least 20 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-242(5), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(b)

The recreation area requirements in the limited business mixed-use district LB-3 are as follows:

(1)

Single-family detached and duplex dwellings: No recreation area required.

(2)

Multifamily dwellings:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a multifamily development having 25 or more dwelling units. Such areas shall be improved to provide active or passive recreational opportunities for the residents of the development. Any playground equipment or other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed development is designed and approved for development in two or more phases, the playground equipment or other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment or other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment or other improvements until the development is completed, provided that prior to the issuance of any certificates of occupancy, a bond shall be posted with corporate surety, irrevocable letter of credit or other surety acceptable to the city attorney, in an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment or other improvements in accordance with the approved site plan. Such bond or other performance guarantee shall assure full, timely and satisfactory completion of the installation of the playground equipment and other improvements. The playground equipment or other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the project, unless modified plans for the playground equipment or other improvements are approved by the planning commission in accordance with subsection d. below during the 60 day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment or other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment or other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(2)

Townhouses: In accordance with section 21-256.10.

(3)

Other uses: No recreation area required.

(Ord. No. 31-98, 10-8-98; Ord. No. 08-06, 3-13-08; Ord. No. 13-14, 5-9-13)

The regulations for townhouses in the limited business mixed-use district LB-3 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed 14 units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 35 feet from any street or highway right-of-way, except that buildings in the townhouse development shall be located at least 15 feet Penniman Road right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 15 feet.

d.

Transitional screening. A landscaped open space for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district, except that no transitional screening open space shall be required when adjoining multifamily residential zoning districts. The transitional screening open space shall be in addition to the required side and rear yards.

1.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

2.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

3.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be constructed in accordance with section 21-783(4).

(5)

Sidewalks. Sidewalks of at least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(6)

Accessory buildings. No accessory buildings shall be permitted, except for detached garages.

(7)

Recreation areas.

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a townhouse development having 25 or more dwelling units. Such areas shall be improved to provide active or passive recreational opportunities for the residents of the development. Any playground equipment or other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed townhouse development is designed and approved for development in two or more phases, the playground equipment or other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment or other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment or other improvements until the townhouse development is completed, provided that prior to the issuance of any certificates of occupancy, a bond shall be posted with corporate surety, irrevocable letter of credit or other surety acceptable to the city attorney, in an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment or other improvements in accordance with the approved site plan. Such bond or other performance guarantee shall assure full, timely and satisfactory completion of the installation of the playground equipment and other improvements. The playground equipment or other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the townhouse development, unless modified plans for the playground equipment or other improvements are approved by the planning commission in accordance with subsection d. below during the 60 day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment or other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment or other improvements provide active recreational opportunities for the residents of the townhouse development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the townhouse development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(8)

Management of common open space, recreational facilities and private streets.

a.

All common open space and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization shall confirm to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

(Ord. No. 31-98, 10-8-98; Ord. No. 06-29, 12-14-06; Ord. No. 13-14, 5-9-13)

This district is established to allow the location of office and limited commercial uses along the city's major highway corridors in a low-intensity manner that can be employed as a transitional land use between residential neighborhoods and higher-intensity uses. Higher-intensity uses such as buildings exceeding 10,000 square feet in area, nursing homes and assisted-living facilities, and small commercial uses supporting the permitted uses in the district may be allowed with the issuance of special permits. Residential uses are not permitted in this district.

(Ord. No. 22-99, 7-8-99; Ord. No. 04-13, 7-8-04; Ord. No. 14-26, 11-13-14)

The uses permitted in the limited business corridor district LB-4 are as follows:

(1)

Uses in buildings with a gross floor area not exceeding 10,000 square feet per building:

a.

Banks and financial institutions.

b.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors and shoe repair shops.

c.

Medical and dental offices and clinics.

d.

Offices.

e.

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(2)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(3)

Public art approved through the City's public arts program.

(3.1)

Public buildings owned and/or operated by the City of Williamsburg.

(4)

Off-street parking and loading areas for permitted uses in accordance with Article V.

(5)

Signs in accordance with Article VI.

(6)

Accessory uses in accordance with section 21-603.

(7)

Home occupations in accordance with section 21-606.

(Ord. No. 22-99, 7-8-99; Ord. No. 08-23, 8-14-08; Ord. No. 14-26, 11-13-14; Ord. No. 21-13, 10-14-21)

Uses permitted in the limited business corridor district LB-4 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

None

(Ord. No. 22-99, 7-8-99)

Uses permitted in the limited business residential district LB-4 with a special use permit approved by the city council in accordance with Article II, Division 2, are as follows:

(1)

Churches and other permanent buildings used for religious worship.

(2)

Uses in buildings with a gross floor area exceeding 10,000 square feet per building:

a.

Banks and financial institutions.

b.

Convenience service establishments, limited to barbershops, beauty parlors and spas, tailors and shoe repair shops.

c.

Medical and dental offices and clinics.

d.

Offices.

e.

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(3)

Business uses with a gross floor area not exceeding 2,000 square feet, and limited to the following uses:

a.

Office supply shops.

b.

Pharmacies.

c.

Printing and photocopying shops.

(4)

Nursing homes and assisted-living facilities.

(5)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(6)

Public or private elementary, middle or high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(Ord. No. 22-99, 7-8-99; Ord. No. 04-13, 7-8-04; Ord. No. 08-23, 8-14-08; Ord. No. 14-26, 11-13-14)

There are no minimum lot area requirements in the limited business corridor district LB-4.

(Ord. No. 22-99, 7-8-99)

The lot width requirements in the limited business corridor district LB-4 are as follows:

(1)

The minimum lot width at the building line shall be 50 feet and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 22-99, 7-8-99)

The yard requirements in the limited business corridor district LB-4 are as follows:

(1)

Front. There shall be a front yard of not less than 25 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-257.7(1)a.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

No side yard shall be required. However, if a building is not built on the property line, there shall be a side yard of at least ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-257.7(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-257.7(4).

(4)

Transitional screening.

a.

A landscaped open space for transitional screening at least 25 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district, except that no transitional screening open space shall be required for single-family detached and duplex dwellings. The transitional screening open space shall be in addition to the required side and rear yards.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards and toward the landscaped open space required by section 21-257.9.

(Ord. No. 22-99, 7-8-99; Ord. No. 01-13, § 3, 6-14-01; Ord. No. 08-06, 3-13-08)

The height requirements in the limited business office district LB-4 are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that required front, rear and side yards shall be increased one foot for each foot of height over 35 feet.

b.

A hospital may be erected up to 60 feet from grade.

c.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-257.7(1)a., shall be permitted.

d.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

e.

Parapet walls shall not exceed the building height of the roof by more than four feet.

f.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 22-99, 7-8-99)

The landscaped open space requirements in the limited business corridor district LB-4 are as follows:

(1)

At least 20 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-257.7(4), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(Ord. No. 22-99, 7-8-99; Ord. No. 08-06, 3-13-08)

This district is established to promote harmonious development and redevelopment in the downtown business areas adjacent to the Colonial Williamsburg district and the College of William and Mary. The regulations are designed to maintain and encourage the existing small scale pedestrian character of this area, and to encourage a harmonious mixture of commercial, residential, office and institutional uses.

(Ord. No. 862, 10-10-91)

The permitted dwelling unit occupancy in the downtown business district B-1 is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the downtown business district B-1 are as follows:

(1)

Single-family detached dwellings.

(2)

Duplex dwellings.

(2.1)

Food trucks in accordance with Section 21-622.

(3)

Multifamily dwellings. Private streets and driveways shall be constructed in accordance with section 21-783(4).

(4)

Automobile rental agencies with no storage of vehicles on the premises.

(5)

Bake shops.

(6)

Banks and financial institutions.

(7)

Churches and other permanent buildings used for religious worship.

(8)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service Laundromats, and laundry and dry cleaning establishments.

(9)

Convenience stores without gasoline sales.

(10)

Day care centers.

(10.1)

Fitness studios.

(11)

Hotels/motels and timeshare units with ten or less bedrooms. Hotels/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(12)

Libraries.

(12.1)

Medical and dental offices and clinics.

(13)

Museums and art galleries.

(14)

Offices in buildings with a gross floor area not exceeding 50,000 square feet.

(15)

Parking lots as a principal use.

(16)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(17)

Printing and photocopying shops.

(18)

Public art approved through the City's public arts program.

(18.1)

Public buildings owned and/or operated by the City of Williamsburg.

(19)

Restaurants.

(20)

Retail sales establishments in buildings with a gross floor area not exceeding 50,000 square feet.

(21)

Storage of materials and supplies, incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot-high wall or fence with the finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(22)

Theaters and assembly halls, but excluding drive-in theaters.

(23)

Ticket sales facilities.

(24)

Off-street parking and loading areas for permitted uses in accordance with article V.

(25)

Signs in accordance with article VI.

(26)

Accessory uses in accordance with section 21-603.

(27)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 11-98, 4-9-98; Ord. No. 01-7, 4-12-01; Ord. No. 08-23, 8-14-08; Ord. No. 14-27, 11-13-14; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 19-02, 1-10-19; Ord. No. 19-17, 9-12-19; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23; Ord. No. 22-11, 1-12-23)

Uses permitted in the downtown business district B-1 with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(2)

Bed and breakfast establishments in accordance with section 21-605.1.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the downtown business district B-1 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Amusement arcades.

(2)

Automobile rental agencies with storage of vehicles on the premises.

(3)

Bus and railroad stations.

(4)

Convenience stores with gasoline sales.

(5)

Farmers' markets, subject to the provisions of chapter 9, article II, of this Code.

(6)

Hotels/motels and timeshare units with more than ten bedrooms, and associated meeting facilities. Hotel/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(7)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(8)

Private Club or Lodge, if associated with an organization of a fraternal or social character not operated or maintained for profit. In no event shall a commercial business be considered a private club for purposes of this section, even if membership is required or a membership fee is charged, or donations are made by business to non-profit organizations.

(9)

Private Plaza.

(10)

Offices in buildings with a gross floor area exceeding 50,000 square feet.

(11)

Parking garages.

(12)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(13)

Radio communication towers and antennae, provided that no such tower or antenna is visible from the Colonial Williamsburg historic area, and provided that the height of the tower shall not exceed 50 feet.

(14)

Retail sales establishments in buildings with a gross floor area exceeding 50,000 square feet.

(15)

Service stations, provided that repair of vehicles and components thereof takes place in a fully enclosed building.

(16)

Tourist or visitor information centers.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, §§ 4, 8, 9, 1-13-94; Ord. No. 01-7, 4-12-01; Ord. No. 08-23, 8-14-08; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 17-11, 6-8-17; Ord. No. 18-07, 10-11-18; Ord. No. 19-18, 9-12-19; Ord. No. 22-11, 1-12-23)

The lot area and density requirements in the downtown business district B-1 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings and to the downtown area as a whole. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 862, 10-10-91; Ord. No. 07-20, 5-10-07; Ord. No. 13-05, 4-11-13)

No minimum lot width shall be required in the downtown business district B-1.

(Ord. No. 862, 10-10-91)

The yard requirements in the downtown business district B-1 are as follows:

(1)

Front.

a.

No front yard shall be required, except:

1.

For lots fronting on Richmond Road, there shall be a front yard of not less than 25 feet.

2.

For lots fronting on Lafayette Street, there shall be a front yard of not less than 15 feet.

b.

No accessory building shall be located in a front yard.

(2)

Side.

a.

No side yards shall be required, except:

1.

For lot contiguous to Richmond Road and Lafayette Street, there shall be a side yard contiguous to the street line of not less than 15 feet.

2.

There shall be a side yard of not less than five feet when adjoining a lot in a residential district or a lot in the Colonial Williamsburg Historic District CW.

b.

Side yards for accessory buildings, when adjoining a lot in a residential district or a lot in the Colonial Williamsburg Historic Area CW, shall not be less than three feet.

(3)

Rear.

a.

No rear yard shall be required, except:

1.

There shall be a rear yard of not less than 25 feet when adjoining a lot in a residential district or a lot in the Colonial Williamsburg Historic District CW.

b.

Rear yards for accessory buildings, when adjoining a lot in a residential district or a lot in the Colonial Williamsburg Historic Area CW, shall not be less than five feet.

(Ord. No. 862, 10-10-91; Ord. No. 07-20, 5-10-07)

The height requirements in the downtown business district B-1 are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade.

b.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

This district is established to provide locations on heavily traveled collector and arterial highways for those commercial and service uses primarily oriented to the automobile. This district is applied along those streets primarily used to access local shopping areas, and providing locations for existing and future hotels, restaurants and other tourism retail uses.

(Ord. No. 862, 10-10-91; Ord. No. 07-02, 1-11-07)

The permitted dwelling unit occupancy in the corridor business district B-2 is as follows:

(1)

A family; or

(2)

No more than three unrelated persons.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the corridor business district B-2 are as follows:

(1)

Automobile rental agencies with no storage of vehicles on the premises.

(2)

Bake shops.

(3)

Banks and financial institutions.

(4)

Churches and other permanent buildings used for religious worship.

(5)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service laundromats, and laundry and dry cleaning establishments.

(6)

Convenience stores.

(7)

Day care centers.

(7.1)

Fitness studios.

(7.2)

Fitness centers.

(8)

Freestanding automatic teller machines.

(9)

Funeral homes.

(10)

Hotels/motels and timeshare units, and associated meeting facilities. Hotels/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(10.1)

Medical and dental offices and clinics.

(11)

Museums and art galleries without outdoor display.

(12)

Offices in buildings with a gross floor area not exceeding 50,000 square feet.

(13)

Parking lots as a principal use.

(14)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(15)

Printing and photocopying shops.

(16)

Public art approved through the City's public arts program.

(16.1)

Public buildings owned and/or operated by the City of Williamsburg.

(17)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(18)

Repair services and businesses, including repair of bicycles, guns, radios, television sets, electrical appliances, locks, other home appliances, toys, typewriters, watches and the like.

(19)

Restaurants.

(20)

Retail sales establishments in buildings with a gross floor area not exceeding 50,000 square feet.

(21)

Service stations, provided that repair of vehicles and components thereof takes place in a fully enclosed building.

(22)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot-high wall or fence with the finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(23)

Theaters and assembly halls, but excluding drive-in theaters.

(23.1)

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(24)

Off-street parking and loading areas for permitted uses in accordance with article V.

(25)

Signs in accordance with article VI.

(26)

Accessory uses in accordance with section 21-603.

(27)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 11-98, 4-9-98; Ord. No. 35-98, 11-12-98; Ord. No. 01-7, 4-12-01; Ord. No. 03-31, 11-13-03; Ord. No. 07-02, 1-11-07; Ord. No. 08-23, 8-14-08; Ord. No. 13-13, 5-9-13; Ord. No. 14-09, 3-13-14; Ord. No. 14-27, 11-13-14; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23)

Uses permitted in the corridor business district B-2 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

No special exception uses are listed for this district.

(Ord. No. 862, 10-10-91; Ord. No. 07-02, 1-11-07)

Uses permitted in the corridor business district B-2 with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Residential uses in conjunction with new development or major redevelopment of a property, but not including the reuse of existing buildings, as follows:

a.

Multifamily dwellings, provided that not more than 67 percent of the gross floor area on any lot may be devoted to multifamily use. Non-residential floor area shall be constructed simultaneously with the construction of the multifamily floor area.

b.

Townhouses in accordance with section 21-330, provided that not more than 67 percent of the gross floor area on any lot may be devoted to multifamily use. Non-residential floor area shall be constructed simultaneously with the construction of the townhouse floor area.

(2)

Reserved.

(3)

Automobile rental agencies with storage of vehicles on the premises.

(4)

Carwashes as a principal use.

(5)

Contractor's establishments, offices and display rooms where business is conducted entirely within a completely enclosed building.

(5.1)

Family Entertainment Center, an establishment providing commercial indoor recreational services, including, but not limited to, arcades, billiard parlors, bowling alleys, poolhalls, virtual reality experiences, and mini-golf. A restaurant can be a supplementary function of the center.

(6)

Garden centers, which may include outdoor display and storage. Outdoor display and storage shall be screened from view by an eight-foot high wall or fence with the finished side facing the exterior of the property. As a part of the special use permit process, an alternate means of screening may be required or approved, provided that it is equivalent to the required fence or wall.

(7)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(8)

Micro-brewery, micro-distillery, micro-winery and/or micro-cidery, with a capacity of not more than 15,000 barrels per year.

(9)

Miniature golf courses.

(10)

Ministorage warehouses, provided that there is no exterior storage.

(10.1)

Motor vehicle, boat and watercraft, sales and service establishments, provided that vehicle lifts and pits and all service and repair of motor vehicles, boats and watercraft shall be within a building enclosed on all sides. Storage of inoperable motor vehicles, boats and watercraft awaiting repair on the premises shall be permitted, but shall be screened from view by a six-foot high wall or fence with the finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(11)

Museums and art galleries with outdoor display.

(11.1)

Newspaper printing and publishing facilities.

(12)

Not-for-profit retail and distribution center.

(13)

Offices in buildings with a gross floor area exceeding 50,000 square feet.

(14)

Parking garages.

(15)

Retail sales establishments in buildings with a gross floor area exceeding 50,000 square feet.

(16)

Rooming facilities for exchange visitors in accordance with section 21-618.

(17)

Tourist or visitor information centers.

(18)

Use of land as parking for and/or access to a use in an adjoining jurisdiction.

(19)

Warehouses.

(20)

Wholesale businesses.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, §§ 8, 9, 1-13-94; Ord. No. 7-98, 4-9-98; Ord. No. 12-00, 8-10-00; Ord. No. 01-7, 4-12-01; Ord. No. 02-27, 10-10-02; Ord. No. 06-15, 6-8-06; Ord. No. 07-02, 1-11-07; Ord. No. 07-09, 1-11-07; Ord. No. 08-23, 8-14-08; Ord. No. 13-13, 5-9-13; Ord. No. 14-09, 3-13-14; Ord. No. 14-11, 4-10-14; Ord. No. 15-07, 4-9-15; Ord. No. 21-14, 10-14-21; Ord. No. 22-09, 12-8-22)

The lot area and density requirements in the corridor business district B-2 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 862, 10-10-91; Ord. No. 07-02, 1-11-07)

The minimum lot width at the building line in the corridor business district B-2 shall be 50 feet, and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 862, 10-10-91; Ord. No. 07-02, 1-11-07)

The yard requirements in the corridor business district B-2 are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except that for lots fronting on Richmond Road between New Hope/Bypass Road and Ironbound Road, Parkway Drive, Penniman Road and Second Street, there shall be a front yard of not less than 15 feet; and except that for lots fronting on Second Street between Page Street and Parkway Drive there shall be a front yard of not less than five feet.

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-327(1)a.

c.

Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a front yard of not less than 15 feet.

d.

No accessory building shall be located in a front yard.

(2)

Side.

a.

There shall be side yards of not less than ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings (not less than 15 feet for both main and accessory buildings adjacent to Parkway Drive, Penniman Road and Second Street), unless a greater side yard is designated on a recorded subdivision plat. Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a side yard of not less than 15 feet.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-327(4).

(3)

Rear.

a.

Multifamily dwellings: For buildings containing multifamily dwellings, there shall be a rear yard of not less than 25 feet.

b.

Other uses: There shall be a rear yard of not less than 15 feet.

c.

Rear yards for accessory buildings shall not be less than five feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-327(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that:

1.

A landscaped open space area for transitional screening at least ten feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district for lots fronting on Second Street between Page Street and Parkway Drive. The transitional screening open space shall include the required side and rear yards. In conjunction with site plan review, planning commission may require a screening fence or wall in conjunction with or in lieu of the required landscaping.

2.

No transitional screening open space shall be required when multifamily dwellings adjoin multifamily zoning districts.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards, unless otherwise specified.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 35-98, 11-12-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 07-02, 1-11-07; Ord. No. 08-06, 3-13-08; Ord. No. 12-03, 3-8-12; Ord. No. 13-13, 5-9-13)

The height requirements in the corridor business district B-2 are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99; Ord. No. 07-02, 1-11-07)

(a)

At least 20 percent of the gross lot area of a lot in the corridor business district B-2 shall be landscaped open space. Transitional screening buffer areas as specified by section 21-327(4), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(b)

The recreation area requirements in the corridor business district B-2 are as follows:

(1)

Multifamily dwellings:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a multifamily development of more than 25 dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed project is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment and other improvements until the development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the development, unless modified plans for the playground equipment and other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(2)

Other uses: No recreation area required.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 35-98, 11-12-98; Ord. No. 07-02, 1-11-07; Ord. No. 08-06, 3-13-08)

The regulations for townhouses in the corridor business district B-2 are as follows:

(1)

Density.

a.

The density of a townhouse development shall not exceed 14 townhouses per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 35 feet from any street or highway right-of-way, except that for lots fronting on Parkway Drive, Penniman Road and Second Street, all buildings in the townhouse development shall be located at least 15 feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet. However, no side yard shall be required when the lot is adjacent to common open space or recreation areas, provided that easements or covenants establish the rights of the townhouse owner to gain access to the structure for purposes of performing essential maintenance and service.

c.

Rear. Each townhouse shall have a rear yard of not less than 15 feet.

d.

Transitional screening.

1.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that:

i.

A landscaped open space area for transitional screening at least ten feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district for lots fronting on Second Street between Page Street and Parkway Drive. The transitional screening open space shall include the required side and rear yards. In conjunction with site plan review, planning commission may require a screening fence or wall in conjunction with or in lieu of the required landscaping.

ii.

No transitional screening open space shall be required when townhouses adjoin a multifamily zoning district.

2.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

3.

Transitional screening open space shall not be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

4.

Transitional screening open space shall be in addition to the required side and rear yards, unless otherwise specified.

5.

The planning commission may, reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

e.

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be constructed in accordance with section 21-783(4).

(5)

Sidewalks. Sidewalks of at least five feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project. Wherever reasonably possible, a four-foot grass strip shall be provided between the sidewalk and the curb or edge of pavement. These sidewalks shall be connected to the sidewalks along the public streets contiguous to the project. If no sidewalks exist along the contiguous public streets, the developer shall build the on-site sidewalks in a manner that will allow future connection to the city sidewalk system.

(6)

Accessory buildings. No accessory buildings shall be permitted, except for detached garages.

(7)

Recreation areas.

a.

A minimum of 200 square feet of active or passive recreation area shall be provided for each dwelling unit in a townhouse development having 25 or more dwelling units. Any playground equipment or other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed townhouse development is designed and approved for development in two or more phases, the playground equipment or other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The planning commission may allow the developer to delay the installation of the playground equipment or other improvements until the townhouse development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided that the amount the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment or other improvements in accordance with the approved site plan. The playground equipment or other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the townhouse development, unless modified plans for the playground equipment or other improvements are approved by the planning commission in accordance with subsection d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the planning commission approval.

d.

The developer may modify the playground equipment or other improvements approved in the final site plan if such modification is approved by the planning commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the townhouse development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the townhouse development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the city (subject to acceptance by the city).

(9)

Management of common open space, recreation areas and private streets.

a.

All common open space, recreation areas and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreation areas and private streets are to be administered by a nonprofit organization the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreation and cultural facilities and/or private streets; and shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

c.

Recreation areas may be dedicated to the city (subject to acceptance by the city).

(Ord. No. 13-13, 5-9-13)

This district is established to encourage the location of businesses related to the culinary arts along the Capitol Landing Road corridor between the Colonial Parkway and Merrimac Trail. To this end, restaurants, brewpubs, micro-breweries, micro-distilleries and the like are allowed by right. To complement the culinary arts, hotels and other tourism related uses are also allowed.

(Ord. No. 16-14, 10-13-16)

The permitted dwelling unit occupancy in the culinary arts district B-4 is as follows:

(1)

A family; or

(2)

No more than three unrelated persons.

(Ord. No. 16-14, 10-13-16)

The uses permitted in the culinary arts district B-4 are as follows:

(1)

Banks and financial institutions.

(2)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service laundromats, and laundry and dry cleaning establishments.

(3)

Convenience stores.

(4)

Culinary arts uses, as follows:

a.

Restaurants.

b.

Bake shops.

c.

Micro-brewery, micro-distillery, micro-winery and/or micro-cidery with a capacity of not more than 15,000 barrels per year.

d.

Brew pubs.

e.

Food trucks in accordance with section 21-622.

f.

Schools for the culinary arts.

(5)

Day care centers.

(6)

Freestanding automatic teller machines.

(7)

Hotels/motels and timeshare units, and associated meeting facilities. Hotels/motels are further regulated by Chapter 9, Licenses, Permits and Business Regulations.

(8)

Medical offices, dental offices and clinics.

(9)

Museums and art galleries without outdoor display.

(10)

Offices in buildings with a gross floor area not exceeding 50,000 square feet.

(11)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(12)

Public art approved through the City's public arts program.

(12.1)

Public buildings owned and/or operated by the City of Williamsburg.

(13)

Retail sales establishments in buildings with a gross floor area not exceeding 50,000 square feet.

(14)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot-high wall or fence with the finished side facing the exterior of the property. The Planning Commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(15)

Off-street parking and loading areas for permitted uses in accordance with article V.

(16)

Signs in accordance with article VI.

(17)

Accessory uses in accordance with section 21-603.

(18)

Home occupations in accordance with section 21-606.

(Ord. No. 16-14, 10-13-16; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23)

Uses permitted in the culinary arts district B-4 with a special exception approved by the Board of Zoning Appeals in accordance with subsection 21-97(f) are as follows:

No special exception uses are listed for this district.

(Ord. No. 16-14, 10-13-16)

Uses permitted in the culinary arts district B-4 with a special use permit approved by the City Council in accordance with article II, division 2, are as follows:

(1)

Residential uses in conjunction with new development or major redevelopment of a property, but not including the reuse of existing buildings, as follows:

a.

Multifamily dwellings, provided that not more than 67 percent of the gross floor area on any lot may be devoted to multifamily use. Nonresidential floor area shall be constructed simultaneously with the construction of the multifamily floor area.

(2)

Garden centers, which may include outdoor display and storage. Outdoor display and storage shall be screened from view by an eight-foot high wall or fence with the finished side facing the exterior of the property. As a part of the special use permit process, an alternate means of screening may be required or approved, provided that it is equivalent to the required fence or wall.

(3)

Museums and art galleries with outdoor display.

(4)

Offices in buildings with a gross floor area exceeding 50,000 square feet.

(5)

Retail sales establishments in buildings with a gross floor area exceeding 50,000 square feet.

(6)

Rooming facilities for exchange visitors in accordance with section 21-618.

(7)

Tourist or visitor information centers.

(Ord. No. 16-14, 10-13-16)

The lot area and density requirements in the culinary arts district B-4 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 16-14, 10-13-16)

The minimum lot width at the building line in the culinary arts district B-4 shall be 50 feet, and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 16-14, 10-13-16)

The yard requirements in the culinary arts district B-4 are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection (1)a above.

c.

Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a front yard of not less than 15 feet.

d.

No accessory building shall be located in a front yard.

(2)

Side.

a.

There shall be side yards of not less than ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings unless a greater side yard is designated on a recorded subdivision plat. Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a side yard of not less than 15 feet.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with subsection (4) of this section.

(3)

Rear.

a.

Multifamily dwellings: For buildings containing multifamily dwellings, there shall be a rear yard of not less than 25 feet.

b.

Other uses: There shall be a rear yard of not less than 15 feet.

c.

Rear yards for accessory buildings shall not be less than five feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with subsection 21-327(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that:

1.

A landscaped open space area for transitional screening at least ten feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district for lots fronting on Second Street between Page Street and Parkway Drive. The transitional screening open space shall include the required side and rear yards. In conjunction with site plan review, Planning Commission may require a screening fence or wall in conjunction with or in lieu of the required landscaping.

2.

No transitional screening open space shall be required when multifamily dwellings adjoin multifamily zoning districts.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in subsection 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards, unless otherwise specified.

e.

The Planning Commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(Ord. No. 16-14, 10-13-16)

The height requirements in the culinary arts district B-4 are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the Board of Zoning Appeals in accordance with subsection 21-97(f). The Board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 16-14, 10-13-16)

(a)

At least 20 percent of the gross lot area of a lot in the culinary arts district B-4 shall be landscaped open space. Transitional screening buffer areas as specified by subsection 21-337(4), and Resource Protection Area (RPA) buffer areas as specified by subsection 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(b)

The recreation area requirements in the culinary arts district B-4 are as follows:

(1)

Multifamily dwellings:

a.

A minimum of 200 square feet of recreation area shall be provided for each dwelling unit in a multifamily development of more than 25 dwelling units. Such areas shall be improved to provide active recreational opportunities for the residents of the development. Any playground equipment and other improvements specified on the approved site plan shall be installed prior to the issuance of certificates of occupancy, and shall be maintained in accordance with the approved site plan.

b.

If the proposed project is designed and approved for development in two or more phases, the playground equipment and other improvements may be installed in phases, provided that such phasing plans are approved with the approval of the site plan. In the cases of phased development, the playground equipment and other improvements for each phase shall be installed prior to the issuance of certificates of occupancy for the units in each phase.

c.

The Planning Commission may allow the developer to delay the installation of the playground equipment and other improvements until the development is completed, provided that an irrevocable bond or other surety acceptable to the city attorney, assuring full, timely and satisfactory completion, is posted prior to the issuance of any certificates of occupancy, and provided, that the amount of the bond or surety is of an amount equal to the estimated costs of purchasing, constructing and/or installing the playground equipment and other improvements in accordance with the approved site plan. The playground equipment and other improvements shall be installed and/or constructed within 60 days following the issuance of the final certificate of occupancy for the development, unless modified plans for the playground equipment and other improvements are approved by the Planning Commission in accordance with subsection (b)(1)d. below during the 60-day period, in which case the installation shall be completed within 60 days from the date of the Planning Commission approval.

d.

The developer may modify the playground equipment and other improvements approved in the final site plan if such modification is approved by the Planning Commission, provided that the modified playground equipment and other improvements provide active recreational opportunities for the residents of the development.

e.

Recreation areas need not be concentrated in one central location but may be interspersed throughout the development, provided that the areas are to be reasonably accessible by pedestrians residing in all units. The minimum width for a recreation area shall be 25 feet. Recreation areas may be counted as a portion of the required landscaped open space. Recreation areas may be dedicated to the City (subject to acceptance by the City).

(2)

Other uses: No recreation area required.

(Ord. No. 16-14, 10-13-16)

This district is established to allow high quality mixed-use development in the Midtown Planning Area for areas designated as Urban Commercial land use. This area is more urban in character than the corridor business district B-2, and is therefore suitable for a mix of commercial, office and residential uses. Because this area is served by transit, and has a wide variety of commercial services within walking distance, it is a good location for multifamily housing, and particularly housing for college students and senior citizens. Residential uses and higher intensity commercial uses such as offices and retail sales establishments in buildings exceeding 50,000 square feet area may be allowed with a special use permit to ensure that the use is compatible with the district and surrounding neighborhoods.

(Ord. No. 862, 10-10-91; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13)

The permitted dwelling unit occupancy in the urban business district B-3 is as follows:

(1)

A family;

(2)

No more than three unrelated persons unless increased to four unrelated persons in two or more bedroom unit pursuant to a special use permit approved by the city council; or

(3)

For student designed dwellings in accordance with section 21-354, no more than two unrelated persons in an efficiency or one bedroom dwelling unit/or no more than four unrelated persons in a two or more bedroom dwelling unit.

(Ord. No. 09-19, 12-10-09; Ord. No. 13-19, 6-13-13; Ord. No. 17-17A, 10-12-17)

The uses permitted in the urban business district B-3 are as follows:

(1)

Bake shops.

(2)

Banks and financial institutions.

(3)

Churches and other permanent buildings used for religious worship.

(4)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service laundromats, and laundry and dry cleaning establishments.

(5)

Convenience stores.

(6)

Day care centers.

(6.1)

Fitness studios.

(6.2)

Fitness centers.

(6.3)

Food trucks in accordance with Section 21-622.

(7)

Freestanding automatic teller machines.

(8)

Funeral homes.

(9)

Hotels/motels and timeshare units, and associated meeting facilities. Hotels/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(9.1)

Medical and dental offices and clinics.

(10)

Museums and art galleries without outdoor display.

(11)

Offices in buildings with a gross floor area not exceeding 50,000 square feet.

(12)

Parking lots as a principal use.

(13)

Pet shops, but not including boarding kennels on the premises.

(14)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(15)

Printing and photocopying shops.

(16)

Public art approved through the City's public arts program.

(17)

Public buildings owned and/or operated by the City of Williamsburg.

(18)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(19)

Radio and television broadcasting stations, studios and offices, but excluding onsite towers.

(20)

Repair services and businesses, including repair of bicycles, guns, radios, television sets, electrical appliances, locks, other home appliances, toys, typewriters, watches and the like.

(21)

Restaurants.

(22)

Retail sales establishments in buildings with a gross floor area not exceeding 50,000 square feet.

(23)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot-high wall or fence with the finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(24)

Theaters and assembly halls, but excluding drive-in theaters.

(24.1)

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(25)

Off-street parking and loading areas for permitted uses in accordance with article V.

(26)

Signs in accordance with article VI.

(27)

Accessory uses in accordance with section 21-603.

(28)

Home occupations in accordance with section 21-606.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 11-98, 4-9-98; Ord. No. 35-98, 11-12-98; Ord. No. 01-7, 4-12-01; Ord. No. 03-31, 11-13-03; Ord. No. 08-10, 5-8-08; Ord. No. 08-23, 8-14-08; Ord. No. 13-19, 6-13-13; Ord. No. 14-09, 3-13-14; Ord. No. 14-27, 11-13-14; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 19-02, 1-10-19; Ord. No. 19-17, 9-12-19; Ord. No. 21-13, 10-14-21; Ord. No. 22-10, 1-12-23; Ord. No. 22-11, 1-12-23)

Uses permitted in the urban business district B-3 with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

No special exception uses are listed for this district.

(Ord. No. 862, 10-10-91; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13)

Uses permitted in the urban business district B-3 with a special use permit approved by city council in accordance with article II, division 2, are as follows:

(1)

Multifamily dwellings, provided that not more than 67 percent of the gross floor area of any new buildings on any lot may be devoted to multifamily use. The gross floor area may be increased up to 80 percent if a special use permit is approved by the city council. Non-residential floor area shall be constructed simultaneously with the construction of the multifamily floor area.

(2)

Senior housing, as defined.

(3)

Student designed dwellings, subject to the following:

a.

Management shall be provided by either: (1) the College of William and Mary; or (2) in accordance with a management plan that is approved as a part of the rezoning and which provides for prompt and adequate performance of regular and emergency upkeep and maintenance on the complex and all dwelling units therein. The specific plan for the management of the student dwellings shall be approved as a part of the special use permit and shall remain in effect unless the approved special use permit is amended in accordance with article II, division 2.

(4)

Amusement arcades.

(5)

Billiard and pool rooms.

(6)

Bowling alleys.

(7)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(8)

Micro-brewery, micro-distillery, micro-winery and/or micro-cidery, with a capacity of not more than 15,000 barrels per year.

(8.1)

Museums and art galleries with outdoor display.

(9)

Nursing homes.

(10)

Offices in buildings with a gross floor area exceeding 50,000 square feet.

(11)

Parking garages.

(12)

Private Club or Lodge, if associated with an organization of a fraternal or social character not operated or maintained for profit. Private Club or Lodge, if associated with an organization of a fraternal or social character not operated or maintained for profit. In no event shall a commercial business be considered a private club for purposes of this section, even if membership is required or a membership fee is charged, or donations are made by business to non-profit organizations.

(13)

Recreation centers.

(14)

Retail sales establishments in buildings with a gross floor area exceeding 50,000 square feet.

(15)

Tourist or visitor information centers.

(16)

Use of land as parking for and/or access to a use in an adjoining jurisdiction.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, §§ 4, 8, 9, 1-13-94; Ord. No. 32-98, 11-12-98; Ord. No. 12-00, 8-10-00; Ord. No. 01-7, 4-12-01; Ord. No. 07-08, 1-11-07; Ord. No. 08-10, 5-8-08; Ord. No. 08-23, 8-14-08; Ord. No. 09-19, 12-10-09; Ord. No. 13-19, 6-13-13; Ord. No. 14-09, 3-13-14; Ord. No. 17-17A, 10-12-17; Ord. No. 22-11, 1-12-23)

The lot area and density requirements in the urban business district B-3 are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre, except that the maximum density may be increased with a special use permit approved by the city council in accordance with article II, division 4. In addition to the criteria specified for special use permits in section 21-42, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to the surrounding commercial areas. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 862, 10-10-91; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13)

The minimum lot width at the building line in the urban business district B-3 shall be 50 feet, and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 862, 10-10-91; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13)

The yard requirements in the urban business district B-3 are as follows:

(1)

Front. There shall be a front yard of not less than 15 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-357(1)a.

c.

Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a front yard of not less than 15 feet.

d.

No accessory building shall be located in a front yard.

(2)

Side.

a.

There shall be side yards of not less than ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with subsection 21-357(4).

(3)

Rear.

a.

Multifamily dwellings: For buildings containing multifamily dwellings, there shall be a rear yard of not less than 25 feet.

b.

Other uses: There shall be a rear yard of not less than 15 feet.

c.

Rear yards for accessory buildings shall not be less than five feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with subsection 21-357(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that no transitional screening open space shall be required when multifamily dwellings adjoin multifamily zoning districts. The width of the transitional screening open space shall be determined by the adjacent use, as follows:

1.

Parking lot or driveway: Ten feet.

2.

One Story Building: Ten feet.

3.

Two Story Building: 20 feet.

4.

Three or Four Story Building: 30 feet.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in subsection 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards, but may be counted toward the landscaped open space required by section 21-359.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of subsection 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in subsection 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards, and toward the landscaped open space required by section 21-359.

(6)

Variation by special use permit. For redevelopment projects, the yard and transitional screening requirements of this section may be reduced to the widths shown on a master plan approved by a special use approved by the city council in accordance with article II, division 2.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 35-98, 11-12-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 08-06, 3-13-08; Ord. No. 08-10, 5-8-08; Ord. No. 08-24, 9-11-08; Ord. No. 13-19, 6-13-13; Ord. No. 17-17A, 10-12-17)

The height requirements in the urban business district B-3 are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with subsection 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(2)

Buildings may be erected with a height greater than 45 feet from grade but not more than 66 feet from grade, subject to the exceptions set forth in section (1), paragraphs a, b and c above, pursuant to a special use permit approved by the city council in accordance with article II, division 2.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13; Ord. No. 17-17A, 10-12-17)

(a)

At least 20 percent of the total land area of a lot in the urban business district B-3 shall be landscaped open space.

(Ord. No. 862, 10-10-91; Ord. No. 3-96, 3-14-96; Ord. No. 35-98, 11-12-98; Ord. No. 08-06, 3-13-08; Ord. No. 08-10, 5-8-08; Ord. No. 13-19, 6-13-13)

Editor's note— Ord. No. 35-98, adopted Nov. 12, 1998, repealed § 21-360, which pertained to sidewalks for multifamily developments. See the Code Comparative Table.

This district is established to enhance the city's real property tax base and to allow a mixture of tax-generating commercial, entertainment, office, and medical uses in a mixed-use setting with an emphasis on landscaping and high quality design standards, and on property which is designated by the comprehensive plan as economic development land use. This district is also intended to encourage economic development activities that provide desirable employment and enlarge the tax base as contemplated in section 15.2-2283(vii), Code of Virginia, 1950, as amended. Residential uses are allowed as a secondary use, and should be integrated into the overall design of the development. Higher intensity uses such as manufacture or assembly, warehouses and distribution centers may be allowed with the issuance of a special use permit.

(Ord. No. 04-23A, 10-14-04)

The permitted dwelling unit occupancy in the economic development district ED is as follows:

(1)

A family; or

(2)

No more than three unrelated persons.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the economic development district ED are as follows:

(1)

Residential uses.

a.

The following residential uses are permitted:

1.

Duplex dwellings and attached duplex dwellings.

2.

Townhouses in accordance with Section 21-370.

3.

Multifamily dwellings.

4.

Planned retirement communities and/or continuing care communities, including but not limited to, congregate care facilities, rest homes, convalescent homes, homes for the elderly, nursing homes, elderly housing and independent living units (single-family detached, duplex and multifamily), provided that they are planned as a community.

5.

Senior housing.

b.

Not more than 40 percent of the gross area of contiguous land is an economic development district ED, whether under the same or different ownership, may be devoted exclusively to residential uses as described in Subsection 21-362(1)a., Residential use includes residential building footprint area, associated parking spaces and driveways, landscape areas, yard areas, and recreation areas.

(2)

Residential uses located in buildings used for other permitted uses.

(3)

Banks and financial institutions.

(4)

Conference centers.

(5)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service Laundromats, and laundry and dry cleaning establishments.

(6)

Convenience stores.

(7)

Day care centers.

(7.1)

Fitness studios.

(7.2)

Fitness centers.

(7.3)

Mobile food units in accordance with Section 21-622.

(8)

Freestanding automatic teller machines.

(9)

Hotels/motels, and associated meeting facilities. Hotels/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(10)

Indoor entertainment facilities such as amusement arcades, bowling alleys, roller skating and ice skating rinks, pool and billiard rooms, and the like.

(11)

Medical uses including, but not limited to, the following: diagnostic centers; educational, training and research facilities; emergency rooms; heliports for medical transport helicopters; hospitals; medical and dental offices and clinics; outpatient surgery centers; and pharmacies.

(12)

Offices.

(13)

Parking garages.

(13.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(14)

Printing, photocopying and publishing establishments.

(15)

Public art approved through the City's public arts program.

(15.1)

Public buildings owned and/or operated by the City of Williamsburg.

(16)

Research and development facilities for materials science, computer science, biochemistry, molecular biology, environmental sciences, business and governmental affairs, and the like. No land or building shall be used or occupied in any manner so as to create smoke, fumes, noise, odor, air pollution, liquid or solid refuse, or any other substance, condition or element which will be dangerous, injurious, noxious or otherwise affect adversely the surrounding area or adjoining premises.

(17)

Restaurants, bake shops, and other food service establishments.

(18)

Retail sales establishments provided that the gross floor area of any individual tenant shall not exceed 100,000 square feet.

(19)

Service stations.

(20)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot high wall or fence with the finished side facing the exterior of the property. Planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(21)

Theaters and assembly halls, but excluding drive-in theaters.

(21.1)

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(22)

Off-street parking and loading areas for permitted uses in accordance with Article V.

(23)

Signs in accordance with Article VI.

(24)

Accessory uses in accordance with section 21-603.

(25)

Home occupations in accordance with section 21-606.

(26)

Medical cannabis dispensaries licensed by the Commonwealth of Virginia pursuant to Section 54.1-3442.6 of the Code of Virginia (1950), as amended.

(Ord. No. 04-23A, 10-14-04; Ord. No. 08-23, 8-14-08; Ord. No. 14-14, 6-12-14; Ord. No. 14-27, 11-13-14; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 19-02, 1-10-19; Ord. No. 19-17, 9-12-19; Ord. No. 20-01, 1-9-20; Ord. No. 21-13, 10-14-21; Ord. No. 21-15, 10-14-21)

Uses permitted in the economic development district ED with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

No special exception uses are listed for this district.

(Ord. No. 04-23A, 10-14-04)

Uses permitted in the economic development district ED with a special use permit approved by city council in accordance with Article II, Division 2, are as follows:

(1)

Manufacture or assembly of the following:

a.

Electronic instruments, components and devices.

b.

Medical, drafting, metering, marine, photographic or mechanical instruments.

c.

Musical instruments, toys and novelties.

d.

Other manufacture/assembly operations of similar scale and intensity to the above.

(2)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(3)

Retail sales establishments exceeding a gross floor area of 100,000 square feet for an individual tenant.

(4)

Warehouses, storage and distribution centers.

(5)

Wholesale businesses.

(Ord. No. 04-23A, 10-14-04; Ord. No. 08-23, 8-14-08)

The lot area and density requirements in the economic development district ED are as follows:

(1)

Dwelling units: There shall be a maximum density of ten dwelling units per net acre (including townhouses as regulated by section 21-370), which shall be based on the net acreage of the entire development, and shall be calculated based on existing land conditions, as specified in the following chart:

a.

For the purpose of this subsection, the term "development" shall include single buildings or groups of buildings (including shopping centers) on a single lot, or on multiple lots as part of a single development. Factors which determine whether a proposal is part of a single development include:

1.

Common ownership or control by the same person or entity (or similar or related entity) of (1) contiguous parcel, (2) parcels separated by property under common ownership or control by the same person or entity (or similar or related entity), or (3) parcels separated by a public or private right-of-way; or

2.

Different ownership or control where there is shared access to public streets, shared parking arrangements, shared traffic circulation, shared service areas, shared stormwater management facilities, and/or shared open space, and which are established by a recorded deed or easement approved as to form by the city attorney.

(2)

Other uses. For all other uses, there shall be no minimum lot area required.

(Ord. No. 04-23A, 10-14-04)

The minimum lot width at the building line in the economic development district ED shall be 25 feet, and shall not be less than 25 feet at the street line, except for townhouses regulated by section 21-370.

(Ord. No. 04-23A, 10-14-04; Ord. No. 12-21, 9-13-12; Ord. No. 14-14, 6-12-14)

The yard requirements in the economic development district ED are as follows:

(1)

Front. There shall be a front yard of not less than five feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-367(1)b.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

No side yard shall be required. However, if a building is not built on the property line, there shall be a side yard of at least ten feet, or five feet when adjacent to a public or private street or alley.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than five feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-367(4).

(3)

Rear.

a.

There shall be a rear yard of not less than seven and one-half feet, or five feet when adjacent to a public or private street or alley.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-367(4).

(4)

Transitional screening.

a.

A landscaped open space for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district, except that no transitional screening open space shall be required for residential uses. The transitional screening open space shall be in addition to the required side and rear yards.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

[Reserved.]

e.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall maintain its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the state of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards, and toward the landscaped open space required by section 21-369.

d.

Modifications for retail and other commercial uses.

1.

When retail and other commercial uses are adjacent to designated greenbelts, modifications to the vegetation within the greenbelt may be allowed with a special use permit approved by city council in accordance with Article II, Division 2, if it is found that:

i.

Such modifications are reasonably necessary to provide the visibility needed for these uses.

ii.

Such modifications preserve and enhance the landscaped and tree-lined character of the greenbelt street.

2.

A landscape plan for the greenbelt modification, prepared and certified by a certified landscape architect licensed to practice in the State of Virginia, shall be filed with the application for a special use permit. The landscape plan shall contain the following information:

i.

Property lines, jurisdictional boundary lines, resource protection areas, uses on adjacent property, all existing trees with a diameter of 12 inches or more at breast height, all trees to be removed with a diameter of 12 inches or more at breast height, areas of understory clearing and/or supplemental planting, topographic features of the greenbelt modification area and adjacent topographic features which are directly related to the viability of the remainder of the greenbelt.

ii.

A conceptual development plan showing the relationship of the greenbelt modification to the entire site, which shall include the approximate location of buildings, parking areas, landscaped areas outside of the greenbelt buffer, and stormwater management facilities. The final site plan submitted for the property shall be in general accord with the conceptual development plan submitted for the greenbelt modification.

3.

The greenbelt modification, if approved, shall be incorporated into any site plan subsequently approved for the property.

(Ord. No. 04-23A, 10-14-04; Ord. No. 07-17, 4-12-07; Ord. No. 08-06, 3-13-08; Ord. No. 12-21, 9-13-12; Ord. No. 14-14, 6-12-14)

The height requirements in the economic development district ED are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

A hospital may be erected up to 60 feet from grade.

b.

Buildings other than a hospital that are set back at least 100 feet from the following streets may be erected up to 60 feet from grade: Route 60 East and Route 199.

c.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

d.

Parapet walls shall not exceed the building height of the roof by more than four feet.

e.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 04-23A, 10-14-04; Ord. No. 12-21, 9-13-12)

The landscaped open space requirements in the economic development district ED are as follows:

(1)

At least 20 percent of the gross land area of the entire development shall be landscaped open space. Transitional screening buffer areas as specified by section 21-367(5), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross land area when calculating the percentage of landscaped open space.

a.

For the purpose of this section, the term "development" shall include single buildings or groups of buildings (including shopping centers) on a single lot, or on multiple lots as part of a single development. Factors which determine whether a proposal is part of a single development include:

1.

Common ownership or control by the same person or entity (or similar or related entity) of (1) contiguous parcels, (2) parcels separated by property under common ownership or control by the same person or entity (or similar or related entity), or (3) parcels separated by a public or private right-of-way; or

2.

Different ownership or control where there is shared access to public streets, shared parking arrangements, shared traffic circulation, shared service areas, shared stormwater management facilities, and/or shared open space, and which are established by a recorded deed or easement approved as to form by the city attorney.

(Ord. No. 04-23A, 10-14-04; Ord. No. 08-06, 3-13-08)

The regulations for townhouses in the economic development district ED are as follows:

(1)

Density.

a.

The density of a townhouse development shall be regulated by section 21-365(1), and shall be included as part of the total number of dwelling units allowed.

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least five feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet, or five feet when adjacent to a public or private street or alley.

c.

Rear. Each townhouse shall have a rear yard of not less than seven and one-half feet, or five feet when adjacent to a public or private street or alley.

d.

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22 foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be paved to meet City of Williamsburg standards for public streets.

(5)

Sidewalks. Sidewalks of at least four feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project.

(6)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and roof lines.

(7)

Accessory buildings. No accessory buildings shall be permitted, except for detached garages.

(8)

Management of common open space, recreational facilities and private streets.

a.

All common open space, recreational facilities and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization, the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

c.

Recreation areas may be dedicated to the city (subject to acceptance by the city).

(Ord. No. 04-23A, 10-14-04; Ord. No. 12-21, 9-13-12; Ord. No. 14-14, 6-12-14)

This district is established to enhance the city's real property tax base and to allow a mixture of tax-generating commercial, entertainment and office uses in a mixed-use setting with an emphasis on landscaping and high quality design standards, and on property which is designated by the Comprehensive Plan as Economic Development land use. This district is also intended to encourage economic development activities that provide desirable employment and enlarge the tax base as contemplated in section 15.2-2283(vii), Code of Virginia, 1950, as amended. Residential uses are allowed as a major component of the development, and should be integrated into the overall design. Higher intensity uses such as manufacture or assembly, warehouses and distribution centers may be allowed with the issuance of a special use permit.

(Ord. No. 05-14A, 6-9-05)

The permitted dwelling unit occupancy in the economic development district ED-2 is as follows:

(1)

A family; or

(2)

No more than three unrelated persons.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the economic development district ED-2 are as follows:

(1)

Residential uses.

a.

The following residential uses are permitted:

1.

Townhouses in accordance with section 21-380.

2.

Multifamily dwellings.

b.

Not more than 40 percent of the gross area of contiguous land in an economic development district ED-2, whether under the same or different ownership, may be devoted exclusively to residential use as described in section 21-372(1)a. Residential use includes residential building footprint area, associated parking spaces and driveways, landscape areas, yard areas, and recreation areas.

(2)

Residential uses located in buildings used for other permitted uses.

(3)

Banks and financial institutions.

(4)

Conference centers.

(5)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service laundromats, and laundry and dry cleaning establishments.

(6)

Convenience stores.

(7)

Day care centers.

(7.1)

Fitness studios.

(7.2)

Fitness centers.

(7.3)

Mobile food units in accordance with Section 21-622.

(8)

Freestanding automatic teller machines.

(9)

Hotels/motels, and associated meeting facilities. Hotels/motels are further regulated by chapter 9, Licenses, Permits and Business Regulations.

(10)

Indoor entertainment facilities such as amusement arcades, bowling alleys, roller skating and ice skating rinks, pool and billiard rooms, and the like.

(11)

Medical uses: diagnostic centers; medical and dental offices and clinics; and pharmacies.

(12)

Offices.

(13)

Parking garages.

(13.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(14)

Printing, photocopying and publishing establishments.

(15)

Public art approved through the City's public arts program.

(15.1)

Public buildings owned and/or operated by the City of Williamsburg.

(16)

Research and development facilities for materials science, computer science, biochemistry, molecular biology, environmental sciences, business and governmental affairs, and the like. No land or building shall be used or occupied in any manner so as to create smoke, fumes, noise, odor, air pollution, liquid or solid refuse, or any other substance, condition or element which will be dangerous, injurious, noxious or otherwise affect adversely the surrounding area or adjoining premises.

(17)

Restaurants, bake shops, and other food service establishments.

(18)

Retail sales establishments provided that the gross floor area of any individual tenant shall not exceed 100,000 square feet.

(19)

Service stations.

(20)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that such storage is screened from view by a six-foot high wall or fence with the finished side facing the exterior of the property. Planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(21)

Theaters and assembly halls, but excluding drive-in theaters.

(21.1)

Veterinary hospitals and clinics, provided that there are no outdoor activities.

(22)

Off-street parking and loading areas for permitted uses in accordance with article V.

(23)

Signs in accordance with article VI.

(24)

Accessory uses in accordance with section 21-603.

(25)

Home occupations in accordance with section 21-606.

(Ord. No. 05-14A, 6-9-05; Ord. No. 08-23, 8-14-08; Ord. No. 14-27, 11-13-14; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 19-02, 1-10-19; Ord. No. 19-17, 9-12-19; Ord. No. 21-13, 10-14-21)

Uses permitted in the economic development district ED-2 with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

No special exception uses are listed for this district.

(Ord. No. 05-14A, 6-9-05)

Uses permitted in the economic development district ED-2 with a special use permit approved by city council in accordance with article ii, division 2, are as follows:

(1)

Manufacture or assembly of the following:

a.

Electronic instruments, components and devices.

a.

Medical, drafting, metering, marine, photographic or mechanical instruments.

b.

Musical instruments, toys and novelties.

c.

Other manufacture/assembly operations of similar scale and intensity to the above.

(2)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(3)

Retail sales establishments exceeding a gross floor area of 100,000 square feet for an individual tenant.

(4)

Warehouses, storage and distribution centers.

(5)

Wholesale businesses.

(Ord. No. 05-14A, 6-9-05; Ord. No. 08-23, 8-14-08)

The lot area and density requirements in the economic development district ED-2 are as follows:

(1)

Dwelling units: There shall be a maximum density of 12 dwelling units per net acre (including townhouses as regulated by section 21-370), which shall be based on the net acreage of the entire development, and shall be calculated based on existing land conditions, as specified in the following chart:

a.

For the purpose of this subsection, the term "development" shall include single buildings or groups of buildings (including shopping centers) on a single lot, or on multiple lots as part of a single development. Factors which determine whether a proposal is part of a single development include:

1.

Common ownership or control by the same person or entity (or similar or related entity) of (1) contiguous parcels, (2) parcels separated by property under common ownership or control by the same person or entity (or similar or related entity), or (3) parcels separated by a public or private right-of-way; or

2.

Different ownership or control where there is shared access to public streets, shared parking arrangements, shared traffic circulation, shared service areas, shared stormwater management facilities, and/or shared open space, and which are established by a recorded deed or easement approved as to form by the city attorney.

(2)

Other uses: For all other uses, there shall be no minimum lot area required.

(Ord. No. 05-14A, 6-9-05)

The minimum lot width at the building line in the economic development district ED-2 shall be 50 feet, and shall not be less than 25 feet at the street line.

(Ord. No. 05-14A, 6-9-05)

The yard requirements in the economic development district ED-2 are as follows:

(1)

Front. There shall be a front yard of not less than 15 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-377(1)b.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

No side yard shall be required. However, if a building is not built on the property line, there shall be a side yard of at least ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 15 feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-377(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 15 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-377(4).

(4)

Reduction of front, side and rear yard requirements.

a.

Required front, side and rear yards may be reduced with a special use permit approved by city council in accordance with article II, division 2, if it is found that:

1.

The reduction will allow an innovative or creative layout of buildings on the property that is superior to that which could be achieved under the standard regulations; and

2.

The reduction will allow the buildings to relate better to the streetscape and to other buildings in the immediate vicinity; and

3.

The reduction will not unreasonably impair an adequate supply of light and air to adjacent properties.

b.

Side and rear yards may be reduced to zero provided that easements or covenants establish the rights of the two abutting properties where main structures are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's structure for purposes of performing essential maintenance and service.

c.

Yards on the perimeter of the property may be required to meet or exceed the normal requirements of the ED-2 district.

(5)

Transitional screening.

a.

A landscaped open space for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district, except that no transitional screening open space shall be required for residential uses. The transitional screening open space shall be in addition to the required side and rear yards.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain driveways, parking spaces, accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

[Reserved.]

e.

In conjunction with site plan review, planning commission may, in accordance with section 21-784(f), reduce the required width of transitional screening open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(6)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree planting, replacement and pruning standards.

c.

Greenbelts may be counted toward required yards, and toward the landscaped open space required by section 21-379.

(Ord. No. 05-14A, 6-9-05; Ord. No. 08-06, 3-13-08)

The height requirements in the economic development district ED-2 are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Buildings that are set back at least 200 feet from Richmond Road and Ironbound Road, and at least 50 feet from Treyburn Drive, may be erected up to 60 feet from grade.

b.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

c.

Parapet walls shall not exceed the building height of the roof by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 05-14A, 6-9-05; Ord. No. 05-19, 8-11-05)

The landscaped open space requirements in the economic development district ED-2 are as follows:

(1)

At least 20 percent of the gross land area of the entire development shall be landscaped open space. Transitional screening buffer areas as specified by section 21-377(5), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross land area when calculating the percentage of landscaped open space.

a.

For the purpose of this section, the term "development" shall include single buildings or groups of buildings (including shopping centers) on a single lot, or on multiple lots as part of a single development. Factors which determine whether a proposal is part of a single development include:

1.

Common ownership or control by the same person or entity (or similar or related entity) of (1) contiguous parcels, (2) parcels separated by property under common ownership or control by the same person or entity (or similar or related entity), or (3) parcels separated by a public or private right-of-way; or

2.

Different ownership or control where there is shared access to public streets, shared parking arrangements, shared traffic circulation, shared service areas, shared stormwater management facilities, and/or shared open space, and which are established by a recorded deed or easement approved as to form by the city attorney.

(Ord. No. 05-14A, 6-9-05; Ord. No. 08-06, 3-13-08)

The regulations for townhouses in the economic development district ED-2 are as follows:

(1)

Density.

a.

The density of a townhouse development shall be regulated by section 21-375(1), and shall be included as part of the total number of dwelling units allowed.

b.

There shall be no minimum lot area required for an individual townhouse lot.

(2)

Lot width. The minimum lot width for each townhouse shall be 20 feet.

(3)

Yard regulations.

a.

Front. No front yard shall be required for an individual townhouse lot. However, all buildings in the townhouse development shall be located at least 15 feet from any street or highway right-of-way.

b.

Side. Each townhouse located at the end of a group of townhouses shall have a side yard of at least seven and one half feet.

c.

Rear. Each townhouse shall have a rear yard of not less than 15 feet. If a detached garage is constructed on a townhouse lot, a 15-foot yard shall be provided between the townhouse and the detached garage.

d.

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree planting, replacement and pruning standards.

(4)

Street frontage. Each townhouse shall front on a dedicated public street or shall have access to a 22-foot minimum pavement width private street. If access is to be provided by means of a private street, the private street shall be paved to meet City of Williamsburg standards for public streets.

(5)

Sidewalks. Sidewalks of at least four feet in width, constructed of concrete, brick or other material of reasonable durability and approved by the planning commission, shall be constructed to provide a pedestrian circulation system for the townhouse project.

(6)

Architectural treatment. The façades of townhouses in a group shall be varied by changed setbacks or variations in materials or design so that no more than three abutting townhouses will have the same or essentially the same architectural treatment of façades and roof lines.

(7)

Accessory buildings. Detached garages shall be permitted at the rear of a townhouse lot. A 15-foot yard shall be provided between the townhouse and the detached garage. Each detached garage located at the end of a group of townhouses shall have a side yard of at least seven and one-half feet. No setback shall be required from the rear property line. No other accessory buildings shall be permitted.

(8)

Management of common open space, recreational facilities and private streets.

a.

All common open space, recreational facilities and private streets shall be preserved for their intended purpose as expressed in the final site plan approved by the planning commission and filed with the planning department.

b.

When common open space, recreational facilities and private streets are to be administered by a nonprofit organization, the organization shall conform to the following requirements:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the townhouse development.

2.

Membership in the organization shall be mandatory for all residential property owners, present or future, within the townhouse development.

3.

The organization shall own all common open space, recreational and cultural facilities and/or private streets; shall provide for the maintenance, administration and operation of said land and improvements and any other common land within the townhouse development.

c.

Recreation areas may be dedicated to the city (subject to acceptance by the city.

(Ord. No. 05-14A, 6-9-05)

This district is established to encourage light-intensity industrial uses in low-density, well-landscaped settings which will be compatible with all types of adjoining uses and will afford maximum protection to surrounding properties.

(Ord. No. 862, 10-10-91)

The uses permitted in the limited industrial district I are as follows:

(1)

Banks and financial institutions.

(2)

Data processing centers.

(3)

Offices: business, professional and governmental.

(4)

Manufacture or assembly of the following:

a.

Electronic instruments, components and devices.

b.

Medical, drafting, metering, marine, photographic or mechanical instruments.

c.

Musical instruments, toys and novelties.

d.

Other manufacture/assembly operations of similar scale and intensity to the above.

(5)

Printing, lithographing, engraving, photocopying, blueprinting and publishing establishments.

(5.1)

Public buildings owned and/or operated by the City of Williamsburg.

(6)

Research, development and testing facilities.

(7)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that storage is completely enclosed or screened from view by a six-foot-high solid fence or wall, with its finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(8)

Warehouses, storage and distribution centers.

(9)

Wholesale businesses.

(10)

Off-street parking and loading areas for permitted uses in accordance with article V.

(11)

Signs in accordance with article VI.

(12)

Accessory uses in accordance with section 21-603.

(Ord. No. 862, 10-10-91; Ord. No. 08-23, 8-14-08)

Uses permitted in the limited industrial district I with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows: no special exception uses are listed for this district.

(Ord. No. 862, 10-10-91)

Uses permitted in the limited industrial district I with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Public transportation and vehicle maintenance facilities, which may include bus parking, fueling facilities, offices, bus driver lounges, and accessory facilities.

(2)

Radio communication towers and antennas provided that no such tower is visible from the Colonial Williamsburg historic area.

(Ord. No. 862, 10-10-91; Ord. No. 20-08, 7-9-20)

The lot area and density requirements in the limited industrial district I are as follows:

(1)

For all uses, there shall be no minimum lot area required.

(Ord. No. 862, 10-10-91)

The lot width requirements in the limited industrial district I are as follows:

(1)

The minimum lot width at the building line shall be 100 feet and shall not be less than 25 feet at the street line.

(Ord. No. 862, 10-10-91)

The yard requirements in the limited industrial district I are as follows:

(1)

Front. There shall be a front yard of not less than 50 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under section 21-387(1)a.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

There shall be side yards of at least 15 feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-387(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-387(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward the landscaped open space required by section 21-389.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 08-06, 3-13-08)

The height requirements in the limited industrial district I are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

The landscaped open space requirements in the limited industrial district I are as follows:

(1)

For all uses, at least 30 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-387(4), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(Ord. No. 862, 10-10-91; Ord. No. 08-06, 3-13-08)

This district is established to preserve, protect and maintain the unique character and historic importance of the Colonial Williamsburg Historic Area.

(Ord. No. 862, 10-10-91; Ord. No. 02-10, 4-11-02)

The permitted dwelling unit occupancy in the Colonial Williamsburg Historic Area CW is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(Ord. No. 09-19, 12-10-09)

No permitted uses are listed for the Colonial Williamsburg historic area CW.

(Ord. No. 862, 10-10-91)

Uses permitted in the Colonial Williamsburg historic area CW with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

(1)

Restoration and/or reconstruction of buildings constructed prior to the year 1800, based on documented historical and/or archaeological evidence, and used for the following purposes:

a.

Uses that existed in this district in the 18th century, based upon documented historical and/or archaeological evidence.

b.

Museums dealing primarily with various aspects of 18th-century life.

c.

Support facilities for the Colonial Williamsburg historic area CW.

d.

Single-family detached dwellings.

(2)

Restoration and/or reconstruction of accessory buildings based on historical and/or archaeological evidence indicating that such buildings probably existed prior to the year 1800, even though there exists no specific historic or archaeological evidence to support this. Such accessory buildings may be used for the following purposes:

a.

Uses that existed in this district in the 18th century, based upon documented historical and/or archaeological evidence.

b.

Museums dealing primarily with various aspects of 18th-century life.

c.

Support facilities for the Colonial Williamsburg historic area CW.

d.

Single-family detached dwellings.

(3)

Restoration and/or reconstruction of buildings or other structures of historical significance to the City of Williamsburg which were originally constructed after the year 1800, when those structures add materially to the historical understanding of the City of Williamsburg and its residents during the Colonial or early American period (1800-1840), and when evidence of those buildings or structures is based on documented historical and/or archaeological evidence that they existed or probably existed.

(4)

Use of land for uses that existed in this district in the 18th century, based upon documented historical and/or archaeological evidence.

(5)

Support facilities for the Colonial Williamsburg historic area CW that are located underground.

(6)

Buildings, accessory buildings and uses existing on the date of the adoption of this article that do not conform with this section shall be considered nonconforming uses, subject to the provisions of article X, Nonconforming Uses.

(Ord. No. 862, 10-10-91; Ord. No. 24-03, 4-11-24)

Uses permitted in the Colonial Williamsburg Historic Area CW with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Parking lots for employees working in and visitors to the Colonial Williamsburg Historic Area CW and the museum support district MS.

(2)

Outdoor special events.

(Ord. No. 862, 10-10-91; Ord. No. 2-00, 2-10-00; Ord. No. 18-02, 6-14-18)

No minimum lot area shall be required in the Colonial Williamsburg historic area CW.

(Ord. No. 862, 10-10-91)

No minimum lot width shall be required in the Colonial Williamsburg historic area CW.

(Ord. No. 862, 10-10-91)

No front, side or rear yards shall be required in the Colonial Williamsburg historic area CW.

(Ord. No. 862, 10-10-91)

The height requirements in the Colonial Williamsburg historic area CW are as follows:

(1)

There shall be no height limitations for restorations and/or reconstructions of buildings or accessory buildings erected prior to the year 1800, and meeting the requirements of subsections 21-413(1) and (2).

(2)

Other buildings may be erected up to 35 feet from grade, except that cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with subsection 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91)

This district is established to allow uses that are related to and support the functioning of the Colonial Williamsburg historic area and certain public buildings. The most intensive uses may be allowed with special permits, to ensure compatibility with the Colonial Williamsburg historic area and surrounding residential neighborhoods.

(Ord. No. 862, 10-10-91; Ord. No. 24-02, 5-9-24)

The permitted dwelling unit occupancy in the museum support district MS is as follows:

(1)

A family;

(2)

No more than three unrelated persons.

(Ord. No. 09-19, 12-10-09)

The uses permitted in the museum support district MS are as follows:

(1)

Single-family detached dwellings. There shall be only one single-family dwelling on an individual lot.

(2)

Churches and other permanent buildings used for religious worship.

(3)

Expansion of existing hotels/motels and timeshare units, and associated meeting facilities, provided that the floor area of the existing facility on October 10, 1991, shall not be increased by more than 25 percent. An existing facility shall be defined as a building or group of buildings on the same or contiguous properties, and operated from a central lobby/check-in/office area.

(4)

Expansion of existing restaurants, provided that the floor area of the restaurant existing on October 10, 1991, shall not be increased by more than 25 percent.

(5)

Pastures.

(5.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(5.2)

Public art approved through the City's public arts program.

(5.3)

Public buildings owned and/or operated by the City of Williamsburg or the Historic Triangle Recreational Facilities Authority.

(6)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(7)

Support facilities for the Colonial Williamsburg historic area, as follows:

a.

Audiovisual, publications and communication support facilities.

b.

Costume shops and other workshops which prepare articles used to support the historic area.

c.

Day care centers.

d.

Educational facilities such as classrooms, lecture halls and research space for purposes of training and conducting educational programs for employees and/or the public, and other educational facilities of similar character and intensity.

e.

Interpretative areas for educational programs and historical presentations, consisting of reconstructions of buildings and accessory buildings constructed prior to the year 1800, and/or the use of land for uses which existed in the Williamsburg area prior to the year 1800, based on documented historical evidence.

f.

Laboratory facilities.

g.

Libraries.

h.

Museums, art galleries and related activities such as collections storage and conservation.

i.

Offices.

j.

Parking lots with 25 spaces or less as a principal use.

k.

Retail sales establishments principally selling reproductions of 18th Century merchandise.

(8)

Off-street parking and loading areas for permitted uses in accordance with article V.

(9)

Signs in accordance with article VI.

(10)

Accessory uses in accordance with section 21-603.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 4, 1-13-94; Ord. No. 03-12, 6-12-03; Ord. No. 08-23, 8-14-08; Ord. No. 21-13, 10-14-21; Ord. No. 24-02, 5-9-24)

Uses permitted in the museum support district MS with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(Ord. No. 862, 10-10-91; Ord. No. 14-13, 6-12-14)

Uses permitted in the Museum Support District MS with a special use permit approved by the city council in accordance with Article II, Division 2, are as follows:

(1)

Food trucks in accordance with Section 21-622.

(1.1)

Golf Courses, including clubhouses and maintenance facilities, but excluding miniature golf courses or driving ranges that are not accessory to a golf course.

(2)

Hotels/motels and timeshare units, and associated meeting facilities. Hotels/motels are further regulated by Article 9, Licenses, Permits and Business Regulations.

(3)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Outdoor special events.

(5)

Parking garages.

(6)

Restaurants.

(7)

Radio and cellular communications towers and antennae that are part of a distributed antenna system (DAS), provided that the height of the tower shall not exceed 50 feet.

(8)

Support facilities for the Colonial Williamsburg Historic Area, as follows:

a.

Bakeries.

b.

Building and landscape maintenance facilities.

c.

Commissaries.

d.

Laundries.

e.

Plant nurseries and greenhouses.

f.

Parking lots with more than 25 spaces as a principal use.

g.

Recycling operations including the storage and handling of glass, paper and aluminum products.

h.

Service stations provided that repair of vehicles takes place in a fully enclosed building.

i.

Shooting ranges for authentic and/or replica 18 ^th Century firearms.

j.

Stables.

k.

Storage buildings and warehouses.

l.

Storage yards for materials and equipment.

m.

Vehicle maintenance facilities, which may include tour bus parking, fueling facilities, bus driver lounges, truck and trailer rental with storage of vehicles on-premises, and related facilities.

n.

Visitor reception centers.

(Ord. No. 862, 10-10-91; Ord. No. 03-30, 9-11-03; Ord. No. 08-23, 8-14-08; Ord. No. 09-11, 9-10-09; Ord. No. 15-06, 4-9-15, eff. 7-1-15; Ord. No. 15-16, 8-13-15; Ord. No. 18-13, 11-8-18; Ord. No. 19-09, 5-9-19; Ord. No. 19-17, 9-12-19)

The lot area and density requirements in the museum support district MS are as follows:

(1)

Single-family detached dwellings: The minimum lot area shall be 10,000 square feet.

(2)

Other uses: No minimum lot area shall be required.

(Ord. No. 862, 10-10-91)

The minimum lot width at the building line in the museum support district MS shall be 50 feet, and the lot width shall not be less than 25 feet at the street line.

(Ord. No. 862, 10-10-91)

The yard requirements in the museum support district MS are as follows:

(1)

Front. There shall be a front yard of not less than 15 feet, except:

a.

For lots fronting on Bypass Road, Capitol Landing Road, the Colonial Parkway, Lafayette Street, North Henry Street/Route 132 and Route 132Y, there shall be a front yard of not less than 35 feet.

b.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

c.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under section 21-437(1)a.

d.

No accessory building shall be located in a front yard.

(2)

Side.

a.

Single-family detached dwellings: There shall be side yards of not less than ten feet.

b.

Other uses: No side yards shall be required. However, if a building is not built on the property line, there shall be a side yard of at least five feet.

c.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

d.

Accessory buildings: No side yards shall be required, except for accessory buildings on corner lots. However, if the accessory building is not built on the property line, there shall be a side yard of at least three feet.

e.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-437(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-437(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that no transitional screening shall be required for single-family detached dwellings.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards, and toward the landscaped open space required by section 21-439.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 7, 1-13-94; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 2, 6-14-01; Ord. No. 08-06, 3-13-08)

The height requirements in the museum support district MS are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

Buildings may be erected up to 45 feet from grade with a special use permit approved by city council in accordance with Article II, Division 2.

c.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-437(1)a., shall be permitted.

d.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

e.

Parapet walls shall not exceed the building height by more than four feet.

f.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99; Ord. No. 25-99, 10-14-99)

The landscaped open space requirements in the museum support district MS are as follows:

(1)

Single-family detached dwellings: No landscaped open space requirement.

(2)

Other uses: For all other uses, at least 30 percent of the gross lot area shall be landscaped open space. Transitional screening buffer areas as specified by section 21-437(4), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open space.

(Ord. No. 862, 10-10-91; Ord. No. 08-06, 3-13-08)

(a)

This district includes the major land holdings of the College of William and Mary, and is designed to establish standards for the development of college property to encourage compatibility with surrounding areas.

(b)

Any land in this district that is conveyed to a private entity shall, without further action by the city council, be zoned single-family dwelling district RS-1 and shall remain so zoned until otherwise changed in accordance with article II, division 3.

(Ord. No. 862, 10-10-91)

The uses permitted in the William and Mary district WM are as follows:

(1)

Colleges and universities.

(2)

Off-street parking and loading areas in accordance with article V.

(3)

Signs in accordance with article VI.

(4)

Accessory uses in accordance with section 21-603.

(Ord. No. 862, 10-10-91)

Uses permitted in the William and Mary district WM with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows: no special exception uses are listed for this district.

(Ord. No. 862, 10-10-91)

Uses permitted in the William and Mary district WM with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Buildings exceeding the height allowed by section 21-468.

(Ord. No. 862, 10-10-91)

There are no lot area and density requirements for the William and Mary district WM.

(Ord. No. 862, 10-10-91)

The minimum lot width in the William and Mary district WM shall not be less than 25 feet at the building and street line.

(Ord. No. 862, 10-10-91)

The yard requirements in the William and Mary district WM are as follows:

(1)

Front. There shall be a front yard of not less than 35 feet, except:

a.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

b.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-467(1)a.

c.

No accessory building shall be located in a front yard.

(2)

Side.

a.

There shall be side yards of not less than ten feet.

b.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall be not less than 17½ feet for both main and accessory buildings, unless a greater side yard is designated on a recorded subdivision plat.

c.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

d.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-467(4).

(3)

Rear.

a.

There shall be a rear yard of not less than 25 feet.

b.

Rear yards for accessory buildings shall not be less than five feet.

c.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-467(4).

(4)

Transitional screening.

a.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway.

b.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

c.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

d.

Transitional screening open space shall be in addition to the required side and rear yards, and shall not be counted toward the landscaped open space required by section 21-469.

e.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

1.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

2.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(5)

Greenbelts.

a.

Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision.

b.

When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

c.

Greenbelts may be counted toward required yards and toward the landscaped open space required by section 21-469.

(Ord. No. 862, 10-10-91; Ord. No. 12-98, 5-14-98; Ord. No. 01-13, § 4, 6-14-01; Ord. No. 08-06, 3-13-08)

The height requirements in the William and Mary district WM are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-467(1)a., shall be permitted.

c.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

d.

Parapet walls shall not exceed the building height by more than four feet.

e.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 16-99, 5-13-99)

At least 30 percent of the gross lot area of a lot in the William and Mary district WM shall be landscaped open space. Transitional screening buffer areas as specified by section 21-467(4), and Resource Protection Area (RPA) buffer areas as specified by section 21-821(d), shall be deducted from the gross lot area when calculating the percentage of landscaped open

(Ord. No. 862, 10-10-91; Ord. No. 08-06, 3-13-08)

(a)

Statement of intent. The PDR district is established to encourage innovative and creative design on large parcels of land under a single ownership or control; to allow the option of a variety of housing types in an orderly relationship to each other and to surrounding neighborhoods; to promote high standards in the layout, design and construction of residential development; to protect the natural beauty of the landscape by providing the greatest amount of open space with the least amount of disturbance to natural features; and to implement the goals and objectives of the adopted comprehensive plan.

(b)

Where permitted. PDR districts shall be permitted only in the RS-1, RS-2 and RM-1 zoning districts.

(c)

Minimum size of district. The minimum permitted size for any PDR district shall be five acres for property located in the RS-1 Single Family Dwelling District and three acres for property located in the RS-2 Single Family Dwelling District or RM-1 Multifamily Dwelling District.

(d)

Permitted dwelling unit occupancy. The permitted dwelling unit occupancy in the planned development residential district PDR is as follows:

(1)

A family;

(2)

No more than three unrelated persons; or

(3)

Four unrelated persons in a single-family detached dwelling if the provisions of section 21-619 et seq. are met.

(e)

Permitted uses. The uses permitted in the planned development residential district PDR are as follows:

(1)

Single-family detached dwellings.

(2)

Duplex dwellings.

(3)

Multifamily dwellings.

(4)

Townhouses.

(5)

Churches and other permanent buildings used for religious worship.

(5.1)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(6)

Public or private elementary, middle and high schools, colleges and universities; and including temporary classroom facilities when accessory to and on the same lot as a school located in a permanent building.

(7)

Day care centers.

(8)

Nursing homes.

(9)

Recreational uses, including clubhouses, golf courses, pools, tennis courts and similar recreational improvements and facilities.

(10)

[Reserved.]

(11)

Off-street parking and loading areas for permitted uses in accordance with article V.

(12)

Signs in accordance with article VI.

(13)

Accessory uses in accordance with section 21-603.

(14)

Home occupations in accordance with section 21-606.

(f)

Uses permitted as special exceptions. Uses permitted in the planned development residential district PDR with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

(1)

Rental of bedrooms in a single-family detached dwelling to roomers in accordance with section 21-605.

(2)

Bed and breakfast establishments in accordance with section 21-605.1.

(g)

Uses permitted with special use permit. Uses permitted in the planned development residential district PDR with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Public buildings owned and/or operated by the City of Williamsburg.

(2)

Lighted athletic fields owned and/or operated by the City of Williamsburg.

(h)

Density. For PDR districts, there shall be a maximum density of three dwelling units per net acre when rezoned from property located in the RS-1 single-family dwelling district, a maximum density of five dwelling units per net acre when rezoned from property located in the RS-2 single-family dwelling district, and a maximum density of eight dwelling units per net acre when rezoned from property located in the RM-1 multifamily dwelling district. When a PDR district is rezoned from more than one zoning district, the density shall be calculated based on the density allowed for each of the underlying zoning districts, and the total dwelling units allowed may be located anywhere within the PDR district. Net acreage shall be calculated based on existing land conditions, as specified in the following chart. Twenty percent shall be subtracted from the net acreage so calculated to allow for street rights-of-way, unless it can be demonstrated to the satisfaction of the zoning administrator that the proposed street rights-of-way will be less than 20 percent of the calculated net acreage.

(i)

Lot area, lot width and yards.

(1)

Individual lots in a PDR district shall be exempt from the minimum lot area, lot width and yard requirements, provided that front, side or rear yards shall not be less than five feet.

(2)

Lots on the perimeter of the PDR district may be required to follow the normal lot areas, lot width and/or yard requirements of the adjoining zoning district or districts.

(3)

The required lot area, lot width and yards shall be as shown on the approved development plan and final subdivision plat, and shall remain in effect unless the approved development plan and final subdivision plat are amended in accordance with this chapter and with chapter 16, Subdivisions. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(j)

Greenbelts. Along streets designated by the comprehensive plan as greenbelts, a greenbelt of at least 50 feet shall be provided along the street line; except that at least 75 feet shall be required along Route 199. Excluded from this requirement shall be public streets and entrances located in the greenbelt areas that are approved during review of a minor site plan, site plan or subdivision. When the greenbelt is an existing wooded area, it shall be left in an undisturbed natural state, unless modifications are approved or required during review of a minor site plan, site plan or subdivision. Any modifications to an existing wooded greenbelt shall be for the purpose of maintaining its visual character as viewed from the adjacent public street. When a wooded greenbelt is part of a residential development, it may be required during review of a minor site plan, site plan or subdivision to be supplemented with evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. When a greenbelt is in a non-wooded area, it shall be improved as an extensively landscaped open space between the street and the developed portion of the property. For a non-wooded greenbelt, at least one tree for each ten feet of frontage shall be planted or maintained, and the primary landscaping material shall be deciduous shade trees, supplemented by evergreen trees, shrubs and other planting material. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5). When a non-wooded greenbelt area borders a residential development, it may be required during review of a minor site plan, site plan or subdivision that the primary landscaping material used shall be evergreen trees and shrubs in order to provide an effective year-round visual screen between the proposed residential development and the street. The landscape plans for the greenbelt area shall be prepared and certified by a certified landscape architect licensed to practice in the State of Virginia. The landscape plans shall be subject to approval by planning commission in the case of a minor site plan, site plan or subdivision of less than 25 lots; and by city council, on recommendation of the planning commission, in the case of a subdivision of 25 or more lots. Trees planted in a greenbelt shall be consistent with the standards contained in section 21-614(g), Tree Planting, Replacement and Pruning Standards.

(k)

Height. The height requirements in the planned development residential district PDR are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

A public or semipublic building such as a school, church or library may be erected up to 45 feet from grade; provided that the required front, side and rear yards shall be increased one foot for each foot of height over 35 feet.

b.

When height is increased over 35 feet, no reduction of a front yard, as allowed by section 21-192(1)a., shall be permitted.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(l)

Common open space.

(1)

A minimum of 25 percent of the gross area of the PDR district shall be common open space.

(2)

All common open space shall be preserved for its intended purpose as shown on the approved development plan. The common open space shall be either dedicated to the city (subject to acceptance by the city), or administered by a nonprofit organization, subject to the following:

a.

The developer must establish the organization prior to the recordation of the subdivision.

b.

Membership in the organization shall be mandatory for all lot owners, present and future, within the cluster subdivision.

c.

The organization shall own all common open space and recreational facilities, and shall provide for their maintenance, administration and operation.

(3)

Common open space shall be defined for the purpose of this section as the total area of land, water, or land and water within the exterior boundaries of a PDR district designated and intended for use and enjoyment as open areas, and not improved with a building, structure, street, road or parking area, except for recreational structures and parking for recreational use. Said common open space shall not include individual lots and yards located between buildings and parking areas.

(4)

All open space shall be specifically included in the development schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures.

(m)

Streets, lots and blocks.

(1)

Variations from the regulations in chapter 16, Subdivisions, pertaining to streets, lots and blocks may be approved when it can be shown that:

a.

Safe and convenient access will be provided to dwelling units, open space, community facilities and other nonresidential areas in the development;

b.

Adequate access and circulation for emergency and service vehicles will be provided; and

c.

Principal vehicular access points will be designed to permit smooth traffic flow and minimum hazards to vehicular, bicycle and pedestrian traffic.

(2)

Private streets may be permitted in a PDR district provided that the private streets are constructed in accordance with subsection 21-783(4), and that provisions are made for their maintenance in accordance with subsection 21-482(k).

(n)

Management of common open space, recreational facilities and private streets.

(1)

All common open space, recreational facilities and private streets shall be preserved for their intended purpose as shown on the development plan and subsequently on the final site plan and final plat. The developer shall choose one or a combination of the following methods of administering said common open space, recreational facilities and/or private streets:

a.

Dedication to the city of the common open space and/or recreational facilities (subject to acceptance by the city).

b.

Establishment of a nonprofit association to ensure the maintenance of common open space, recreational facilities and/or private streets, subject to the following:

1.

The developer must establish the organization prior to the recordation of the subdivision plat for the development.

2.

Membership in the organization shall be mandatory for all lot owners, present or future, within the planned development.

3.

The organization shall own all common open space, recreational facilities and/or private streets, and shall provide for their maintenance, administration and operation.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, §§ 4, 6, 1-13-94; Ord. No. 11-98, 4-9-98; Ord. No. 15-98A, 6-11-98; Ord. No. 16-99, 5-13-99; Ord. No. 01-13, § 1, 6-14-01; Ord. No. 08-23, 8-14-08; Ord. No. 08-25, 9-11-08; Ord. No. 09-19, 12-10-09; Ord. No. 13-24, 7-11-13; Ord. No. 14-13, 6-12-14)

(a)

Statement of intent. The PDC district is established to encourage innovative and creative mixed use development that includes student housing in areas that are designated by the comprehensive plan as downtown commercial land use and that are located in close proximity to the College of William and Mary. The design of the PDC district should respect the character of existing development in the area, maintain and encourage the existing small scale pedestrian character of the downtown, promote high standards of design and construction, and implement the goals and objectives of the adopted comprehensive plan.

(b)

Where permitted. PDC districts shall be permitted only on land designated as downtown commercial land use in the adopted comprehensive plan.

(c)

Permitted dwelling unit occupancy. The permitted dwelling unit occupancy in the planned development college district PDC is as follows:

(1)

No more than four persons.

(d)

Permitted uses. The uses permitted in the planned development college district PDC are as follows:

(1)

Student designed dwellings, subject to the following:

a.

Management shall be provided by either: (1) the College of William and Mary; or (2) in accordance with a management plan that is approved as a part of the rezoning and which provides for prompt and adequate performance of regular and emergency upkeep and maintenance on the complex and all dwelling units therein. The specific plan for the management of the student dwellings shall be approved as a part of the development plan and shall remain in effect unless the approved development plan is amended in accordance with this chapter.

(2)

Bake shops.

(3)

Banks and financial institutions.

(4)

Convenience service establishments such as, but not limited to, barbershops, beauty parlors and spas, tailors, shoe repair shops, self-service laundromats, and laundry and dry cleaning establishments.

(5)

Convenience stores.

(5.1)

Fitness studios.

(5.2)

Medical and dental offices and clinics.

(6)

Museums and art galleries.

(7)

Offices.

(8)

Parking garages.

(9)

Printing and photocopying shops.

(10)

Restaurants.

(11)

Retail sales establishments.

(12)

Storage of materials and supplies incidental to the conduct of a permitted use, provided that storage is completely enclosed or screened from view by a six-foot-high solid fence or wall, with its finished side facing the exterior of the property. The planning commission may, through the site plan review process, require or approve an alternate means of screening, provided that it is equivalent to the required fence or wall.

(13)

Off-street parking and loading areas for permitted uses in accordance with article V.

(14)

Signs in accordance with article VI.

(15)

Accessory uses in accordance with section 21-603.

(16)

Home occupations in accordance with section 21-606.

(e)

Uses permitted as special exceptions. Uses permitted in the planned development college district PDC with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

No special exception uses are listed for this district.

(f)

Uses permitted with special use permit. Uses permitted in the planned development college district PDC with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

No special use permit uses are listed for this district.

(g)

Density. The density requirements in the planned development college district PDC are as follows:

(1)

Dwelling units: There shall be a maximum density of 14 dwelling units per net acre. Net acreage shall be calculated based on existing land conditions, as specified in the following chart:

(2)

Other uses: For all other uses, there shall be no maximum density requirement.

(h)

Lot area, lot width and yards.

(1)

Lots in a PDC district shall be exempt from minimum lot area, lot width and yard requirements.

(2)

Lots in the PDC district may be required to follow the normal lot areas, lot width and/or yard requirements of the adjoining zoning district or districts.

(3)

The required lot area, lot width and yards shall be as shown on the approved development plan, and shall remain in effect unless the approved development plan is amended in accordance with this chapter. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(i)

Height. The height requirements in the planned development college district PDC are as follows:

(1)

Buildings may be erected up to 35 feet from grade except that:

a.

Height may be increased to 45 feet with a special use permit approved by city council in accordance with article II, division 2.

b.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

c.

Parapet walls shall not exceed the building height by more than four feet.

d.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with subsection 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, §§ 4, 8, 10, 1-13-94; Ord. No. 11-98, 4-9-98; Ord. No. 16-99, 5-13-99; Ord. No. 08-23, 8-14-08; Ord. No. 09-19, 12-10-09; Ord. No. 10-03, 4-8-10; Ord. No. 14-27, 11-13-14; Ord. No. 17-17A, 10-12-17)

(a)

Statement of intent. The PDU district is established to encourage innovative and creative multifamily housing in the Midtown Planning Area in areas designated as Urban Residential land use. This area, because of its proximity to existing commercial and multifamily development, and to the College of William and Mary, has potential to accommodate additional dwelling units in an evolving urban mixed-use area. Development and redevelopment in the PDU district should promote high standards of design and construction, encourage pedestrian scale urban development and take advantage of proximity to existing transit routes and pedestrian and bicycle facilities.

(b)

Where permitted. PDU districts shall be permitted only on land designated as urban residential land use in the adopted comprehensive plan.

(c)

Minimum size of district. The minimum permitted size for any PDU district shall be two and one-half acres.

(d)

Permitted dwelling unit occupancy. The permitted dwelling unit occupancy in the planned development urban district PDU is as follows:

(1)

A family;

(2)

No more than two unrelated persons in an efficiency or one bedroom dwelling unit; or

(3)

No more than four unrelated persons in a two or more bedroom dwelling unit.

(e)

Permitted uses. The uses permitted in the planned development urban district PDU are as follows:

(1)

Multifamily dwellings.

(2)

Student designed dwellings, subject to the following:

a.

Management shall be provided by either: (1) the College of William and Mary; or (2) in accordance with a management plan that is approved as a part of the rezoning and which provides for prompt and adequate performance of regular and emergency upkeep and maintenance on the complex and all dwelling units therein. The specific plan for the management of the student dwellings shall be approved as a part of the development plan and shall remain in effect unless the approved development plan is amended in accordance with this chapter.

(3)

Playgrounds, parks and unlighted athletic fields owned and/or operated by the City of Williamsburg.

(4)

Recreational uses, including clubhouses, pools, tennis courts and similar recreational improvements and facilities.

(5)

Off-street parking and loading areas for permitted uses in accordance with article V.

(6)

Signs in accordance with article VI.

(7)

Accessory uses in accordance with section 21-603.

(8)

Home occupations in accordance with section 21-606.

(f)

Uses permitted as special exceptions. Uses permitted in the planned development residential district PDU with a special exception approved by the board of zoning appeals in accordance with subsection 21-97(f) are as follows:

No special exception uses are listed for this district.

(g)

Uses permitted with special use permit. Uses permitted in the planned development residential district PDU with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

No special use permit uses are listed for this district.

(h)

Density. For PDU districts residential density shall be determined as a part of the rezoning process. In deciding on the density to be allowed, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings and to the Midtown Planning Area as a whole. The approved density shall be based upon the net acreage, which shall be calculated based on existing land conditions, as specified in the following chart:

(i)

Lot area, lot width and yards.

(1)

Individual lots in a PDU district shall be exempt from the minimum lot area, lot width and yard requirements, provided that front, side or rear yards shall not be less than five feet.

(2)

Lots on the perimeter of the PDU district may be required to follow the normal lot areas, lot width and/or yard requirements of the adjoining zoning district or districts.

(3)

The required lot area, lot width and yards shall be as shown on the approved development plan, and shall remain in effect unless the approved development plan is amended in accordance with this chapter. The board of zoning appeals may, under the criteria contained in sections 21-96 to 21-99, grant variances from these requirements.

(k)

Height. The height requirements in the planned development urban district PDU are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with subsection 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(l)

Landscaped open space.

(1)

The landscaped open space requirements in the planned development urban district PDU are as follows:

a.

At least 20 percent of the total land area of the lot shall be landscaped open space.

(Ord. No. 12-09, 6-14-12; Ord. No. 13-20, 6-13-13; Ord. No. 17-17A, 10-12-17)

(a)

Statement of intent. The PDH district is established to encourage adaptive housing by allowing conversion of a limited number of existing hotel/motel rooms located in the B-2 and B-4 zoning district into affordable housing for individuals and families, and thereby fulfilling a housing need not addressed by the City's existing housing inventory. The PDH district should be located so as to take advantage of proximity to existing transit routes and pedestrian and bicycle facilities and should not be located on sites that have significant redevelopment potential.

(b)

Where permitted. PDH districts shall be permitted only in the B-2 and B-4 zoning district, excluding properties directly adjacent to Richmond Road.

(c)

Minimum size of district. There is no minimum size required for a planned development housing district PDH.

(d)

Permitted dwelling unit occupancy. The permitted occupancy in a planned development housing district PDH is as follows:

(1)

No more than three persons in an efficiency or one bedroom unit; or

(2)

No more than five persons in a two or more bedroom unit.

(e)

Permitted uses. The uses permitted in the planned development housing district PDH are as follows:

(1)

Hotels/motels and associated meeting facilities.

(2)

Off-street parking and loading areas for permitted uses in accordance with article V.

(3)

Signs in accordance with article VI.

(4)

Accessory uses in accordance with section 21-603.

(5)

Home occupations in accordance with section 21-606.

(f)

Uses permitted as special exceptions. Uses permitted in the planned development housing district PDH with a special exception approved by the board of zoning appeals in accordance with section 21-97(f) are as follows:

No special exception uses are listed for this district.

(g)

Uses permitted with special use permit. Uses permitted in the planned development housing district PDH with a special use permit approved by the city council in accordance with article II, division 2, are as follows:

(1)

Adaptive housing, subject to the following:

a.

Definition. "Adaptive housing" is defined for the purpose of this section [21-483.1] as primarily efficiency and one-bedroom units with adequate cooking facilities created from all or part of an existing hotel/motel, and used for the purpose of providing, affordable and flexible-term housing for individuals and families who may not have access to traditional housing alternatives existing in the City of Williamsburg but who are not visitors as defined in Sec. 21-2.

b.

Management. Management shall be provided in accordance with a management plan that is approved as a part of the rezoning and which provides for prompt and adequate performance of regular and emergency upkeep and maintenance on the complex and all dwelling units therein and shall remain in effect unless the approved development plan is amended in accordance with this chapter. The management plan shall include procedures to link residents with the Williamsburg Human Services Department and with other non-governmental organizations addressing human service needs.

c.

Number. No more than a total of 400 adaptive housing units shall be permitted in the city; there shall be no more than 100 units in an individual adaptive housing facility and the total number of adaptive housing facilities allowed shall be limited to no more than five in the Planned Development Housing District (PDH).

d.

Review standards. When reviewing an application for a special use permit to approve an adaptive housing project in the PDH, city council shall consider the location of the hotel/motel, the potential of the site for significant redevelopment, the history of property maintenance and fire code violations for the proposed site, the proximity of the site to existing transit routes, the proximity of the site to pedestrian and bicycle facilities, the inclusion of housing for suitable for seniors and for persons with disabilities when it is appropriate as part of the adaptive housing facility, the suitability of the proposed management plan, the compatibility of the adaptive housing facility with existing residential and commercial development in the vicinity of the proposed location, the impact to City services such as schools, human services, fire/EMS, police, and transportation, proximity to parks and/or outdoor recreation facilities or on-site amenities that promote outdoor recreation.

e.

Bedroom Requirement. Allows seventy-five percent (75%) of units, post conversion, to be studio and the remaining a mix of one and two-bedroom units.

f.

Affordability. Rents must be affordable to households with incomes at or below 80% of Area Median Income (AMI) as defined by the U.S. Department of Housing and Urban Development. For these household rents may not exceed 30% of income calculated using 80% of AMI.

g.

Property owners/management firms must provide an annual affordability report to the City Department of Planning and Codes Compliance to verify if affordability requirements are being met. The annual affordability report shall include but is not limited to providing # of units, Job Sector of tenant(s), # of tenants that meet affordability requirement in the ordinance, Unit bedroom type, and # of students. All information must be submitted on a form provided by the Williamsburg Planning and Codes Compliance Department.

For the planned development housing district PDH residential density shall be determined as a part of the rezoning process. In deciding on the density to be allowed, city council shall consider the quality of the building and site design of the proposed development, and how the scale and character of the development relates to its immediate surroundings. The approved density shall be based upon the net acreage, which shall be calculated based on existing land conditions, as specified in the following chart:

(h)

Reversion. In the event that the owner of the property desires to convert or redevelop the property to a use or uses allowed in the corridor business district B-2 or B-4, the owner may apply for a rezoning to the previous corridor business district B-2 or B-4 zoning in accordance with article II, division 3.

(i)

Lot area, lot width and yards.

(1)

Lot area. There shall be no lot area required in the planned development housing district PDH.

(2)

Lot width. The minimum lot width at the building line in the planned development housing district PDH shall be 50 feet, and the lot width shall not be less than 25 feet at the street line.

(3)

Yards. The yard requirements in the planned development housing district PDH are as follows:

a.

Front. There shall be a front yard of not less than 35 feet, except that for lots fronting on Richmond Road between New Hope/Bypass Road and Ironbound Road, Parkway Drive, Penniman Road and Second Street, there shall be a front yard of not less than 15 feet; and except that for lots fronting on Second Street between Page Street and Parkway Drive there shall be a front yard of not less than five feet.

1.

Where 40 percent or more of the frontage on one side of the street within the same block is improved with buildings, no building on that side of the street within the same block shall be required to have a front yard greater than the average front yard of the existing buildings. However, when there are buildings on the adjacent lots on both sides, the front yard shall not be required to be greater than the average of the front yards of the buildings on the adjacent lots. The side line of a building on a corner lot shall not be a factor in these calculations.

2.

When a lot has a double frontage, front yards shall be provided on both streets, subject to such reductions as may be allowed under subsection 21-483.1(i)(3)a.1. above.

3.

No accessory building shall be located in a front yard.

b.

Side.

1.

There shall be side yards of not less than ten feet.

2.

Corner lots: On a corner lot, the owner shall choose which yard is the front yard unless the front yard is designated on the recorded subdivision plat. The rear yard shall be opposite the chosen front yard. The other yard abutting the street shall be a side yard and shall not be less than 17½ feet for both main and accessory buildings (not less than 15 feet for both main and accessory buildings adjacent to Parkway Drive, Penniman Road and Second Street), unless a greater side yard is designated on a recorded subdivision plat. Gasoline pump islands, pump island canopies and outdoor dining areas shall be required to have a side yard of not less than 15 feet.

3.

Side yards for accessory buildings, except for those on corner lots, shall not be less than three feet.

4.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-483.1(i)(3)d. below.

c.

Rear.

1.

There shall be a rear yard of not less than 15 feet.

2.

Rear yards for accessory buildings shall not be less than five feet.

3.

Transitional screening shall be required when a lot is adjacent to a residential zoning district, in accordance with section 21-483.1(i)(3)d. below.

d.

Transitional screening.

1.

A landscaped open space area for transitional screening at least 35 feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district or to the Colonial Parkway, except that:

i.

A landscaped open space area for transitional screening at least ten feet in width shall be provided along side and rear property lines when adjacent to a lot in a residential zoning district for lots fronting on Second Street between Page Street and Parkway Drive. The transitional screening open space shall include the required side and rear yards. In conjunction with site plan review, planning commission may require a screening fence or wall in conjunction with or in lieu of the required landscaping.

ii.

No transitional screening open space shall be required when multifamily dwellings adjoin multifamily zoning districts.

2.

Landscaping of transitional screening open space areas shall be in accordance with landscaping standards contained in section 21-784(e).

3.

Transitional screening open space shall not contain accessory buildings or be used for storage purposes. No more than 25 percent of a transitional screening open space area shall be used for stormwater management facilities.

4.

Transitional screening open space shall be in addition to the required side and rear yards, unless otherwise specified.

5.

The planning commission may reduce the required width of transitional open space. A reduction shall not be approved unless it is found that:

i.

The provision of the required transitional screening open space would unreasonably restrict the use of the property due to exceptional narrowness, shallowness, size or shape of the lot, or by reason of exceptional topographic conditions or other extraordinary situation or condition of the property; and

ii.

Additional landscaping and/or screening is proposed that will provide screening equivalent to that required by this section.

(j)

Height. The height requirements in the planned development housing district PDH are as follows:

(1)

Buildings may be erected up to 45 feet from grade except that:

a.

Stair towers, equipment penthouses, mechanical equipment and screening walls are exempt from the height limitations, provided that they shall not cover more than 30 percent of the total roof area and shall not exceed the building height by more than ten feet. Equipment penthouses, mechanical equipment and screening walls shall be set back from the front wall of the building one foot for each foot of height above the roof level.

b.

Parapet walls shall not exceed the building height by more than four feet.

c.

Cupolas, spires and steeples may be erected to a height of 90 feet above grade, and may extend higher if a special exception is approved by the board of zoning appeals in accordance with section 21-97(f). The board shall not approve the special exception unless it finds that the cupola, spire or steeple is in proper proportion to the building.

(k)

Landscaped open space.

(1)

The landscaped open space requirements in the planned development housing district PDH are as follows:

a.

At least 20 percent of the total land area of the lot shall be landscaped open space.

(Ord. No. 15-09, 4-9-15; Ord. No. 17-07, 5-11-17; Ord. No. 22-07, 12-8-22)

(a)

Preapplication conference. Prior to formal submittal for a rezoning to PDR, PDC, PDU and PDH, the developer or his representative shall hold a preapplication conference with the planning director and the city staff concerning the proposed development plan. Unofficial preliminary studies of the concept for the proposed development shall be submitted for this conference. The planning director may, if deemed necessary, submit this information to the planning commission for informal review and comments.

(b)

Rezoning. After the preapplication review as set forth in section 21-484(a), an application for rezoning to a PDR, PDC, PDU and PDH district may be submitted in accordance with article II, division 3.

(c)

Development plan. An application for rezoning to PDR, PDC, PDU and PDH shall be accompanied by six copies of a development plan. The development plan shall be prepared by an engineer, land surveyor, landscape architect, architect, city planner, land planner or others having training or experience in site plan and subdivision planning and design. The development plan shall contain the following information, together with supplementary information for the particular development as deemed necessary by the planning director:

(1)

Location of tract by an insert map at a scale of not more than one inch equals 2,000 feet showing landmarks sufficient to clearly identify the location of the property.

(2)

The boundaries of the property by bearings and distances.

(3)

Total site acreage.

(4)

Abutting street names, widths, locations of edges of pavement or curblines along frontages of the property.

(5)

The owners, present zoning and current use of all abutting or contiguous parcels.

(6)

Existing topography and proposed grading, with contour intervals of five feet. In cases of unusual topography, the planning director may require a contour interval of two feet over all or a portion of the property.

(7)

Land use plan or plans showing, where applicable:

a.

Location and arrangement of all proposed land uses, including the height and number of floors of all buildings other than single-family detached and duplex dwellings.

b.

Building setbacks from the development boundaries and adjacent streets.

c.

Proposed traffic circulation patterns including location and width of all streets, driveways, walkways, entrances to parking areas, and whether streets will be public or private.

d.

Locations and areas of all proposed common open space and recreation areas, and whether these are proposed to be privately or publicly owned.

e.

Location of off-street parking and loading areas, including the dimensions and number of spaces.

f.

Approximate locations of existing and proposed utilities, including sanitary sewer and pump stations, storm sewer and stormwater management structures, and water, electric, telephone and gas lines.

g.

Location and design of all screening, indicating the type and height of such screening.

h.

Gross acreages of the following physical land units shall be tabulated and computed by accurate planimetric methods at the site plan scale:

1.

Slopes less than ten percent.

2.

Slopes from ten percent but less than 20 percent.

3.

Slopes from 20 percent but less than 30 percent.

4.

Slopes 30 percent or greater.

5.

100-year floodplains.

6.

Wetlands.

7.

Existing water features (bodies of water, drainage channels, streams, etc.).

8.

Above ground high-voltage electric transmission line easements (69 kv or greater).

9.

Resource protection areas and resource management areas as specified by article VIII, Chesapeake Bay Preservation.

These areas shall also be graphically identified on the development plan.

i.

A table indicating the following information, where applicable:

1.

Total area of property.

2.

Net area of property.

3.

Total number of dwelling by units and type.

4.

Residential density (based on net land area).

5.

Area and percentage of property to be occupied by structures (based on net land area).

6.

Total floor area with a breakdown by type (dwelling units and/or commercial floor area).

7.

Area and percentage of property to be used as common open space (PDR only, based on gross land area).

8.

Area and percentage of property to be used as landscaped open space (PDC, PDU and PDH only, based on gross land area).

(8)

When the development is to be constructed in phases, a sequence of development schedule showing the order of construction of each principal functional element of such phases, and the approximate completion date for each phase.

(9)

A plan or report indicating the extent and timing of all off-site improvements, such as road, sewer and drainage facilities, necessary for the proposed development. This plan or report shall relate to the sequence of development schedule if the development is to be constructed in stages or units.

(10)

A statement showing the relationship of the proposed development to the adopted comprehensive plan.

(11)

When deemed necessary by the planning director or the planning commission, the following information shall be provided:

a.

A traffic impact analysis, showing the effect of traffic generated by this project on surrounding streets and neighborhoods.

b.

A public utility analysis, showing the effect of this project on public water, sewer and/or storm drainage facilities.

c.

A fiscal impact analysis. The planning director or the planning commission may request the city council to provide funds for the preparation of this study by the city.

(d)

Architectural review.

(1)

If all or a portion of the proposed planned development is located in the architectural preservation district AP or the corridor protection district CP, the architectural review board shall review and approve any required conceptual architectural plans and/or architectural guidelines, and shall transmit its decision to the planning commission prior to the commission's public hearing on the rezoning request. The planning commission shall not make its final decision on the proposed planned development until the decision of the architectural review board has been received. Final approval of planned development by the city council shall also approve the conceptual architectural plans and/or the architectural guidelines.

(2)

Final building plans shall be substantially in accord with the approved conceptual architectural plans and/or architectural guidelines. However, minor deviations may be approved by the architectural review board if it is determined that such deviations will not materially alter the character of the approved development plan.

(3)

Any changes not authorized by this section shall require amendment of the planned development in accordance with the procedures contained in this article for a new application.

(e)

Status after property rezoned to planned development district.

(1)

All terms, conditions, safeguards and stipulations made at the time of the rezoning to planned development status, including the approval of the development plan, with or without specified modifications, shall be binding upon the applicant or any successors in title. Deviations from approved plans or failure to comply with any requirements, conditions or safeguards shall constitute a violation of this chapter.

(2)

The granting of the planned development rezoning, and the approval of the development plan, with or without specified modifications, shall not constitute the recording of a plat, nor shall it authorize the issuance of building permits. Such action shall be undertaken only after the approval of the site plan and/or the recording of the final plat.

(f)

Site plans.

(1)

Approval of the development plan and the rezoning shall constitute authority for the applicant to prepare site plans in accordance with article VII, Site Plans, of this chapter, and in conformity with the approved development plan.

(2)

The site plan shall be for the entire project, unless the project is to be completed in phases. When completed in phases, a utilities and stormwater management plan for the entire development shall be submitted with the phase one site plan.

(3)

Minor changes from the approved development plan may be approved by the planning director, or, at the option of the planning director, referred to the planning commission for consideration at a regular meeting without a public hearing. A change shall be considered minor if it:

a.

Does not change the general character of the approved development plan.

b.

Does not adversely effect the development or use of adjacent properties and surrounding neighborhoods.

c.

Does not result in any substantial change to major external access points.

d.

Does not increase the approved number of dwelling units and/or the approved amount of nonresidential floor area.

e.

Does not add buildings not shown on the approved development plan.

Any changes not authorized by this section shall require amendment of the development plan in accordance with the procedures contained in this article for a new application.

(4)

The site plan shall be submitted within one year after the date of approval of the rezoning. If a site plan is not submitted within said period, approval of the development plan, and subsequent authority to submit a site plan, shall terminate any development by the applicant in accordance with these regulations, and shall require a resubmission of a development plan in accordance with the procedures set forth in this article for a new application. Within 30 days prior to the expiration of said one-year period, the applicant may apply to the city council for an extension of time within which to submit a site plan in conformity with the approved development plan. The city council may grant such extension upon good cause shown by the applicant, but such extension shall not under any circumstances exceed an additional one-year period; and no more than two extensions may be granted. If such application is denied, approval of the development plan, and consequent authority to submit a site plan, shall terminate at the end of said one-year period. Upon termination of authority to develop as herein provided, property shall revert to the zoning district that existed prior to rezoning the property to the planned development district.

(g)

Final plat. A final subdivision plat, meeting the requirements of the subdivision ordinance, shall be submitted with the site plan if the land is proposed to be subdivided.

(h)

Issuance of building permits. No building permit shall be issued for any building or structure not indicated on the approved site plan.

(Ord. No. 862, 10-10-91; Ord. No. 10-03, 4-8-10; Ord. No. 12-09, 6-14-12; Ord. No. 15-09, 4-9-15)

Planned unit developments approved under the provisions of previous zoning ordinances shall remain subject to all conditions imposed at the time of approval, and shall be designated as PUD on the official zoning map.

(Ord. No. 862, 10-10-91; Ord. No. 12-09, 6-14-12)