Williamsburg City Zoning Code

ARTICLE IV

SUPPLEMENTAL DISTRICT REGULATIONS

Sec. 21-601.- Uses not specifically permitted.

Uses not specifically permitted in any district established by this chapter shall not be allowed. Persons desiring inclusion in the zoning ordinance of a use not specifically permitted shall apply for an amendment to the text of the zoning ordinance following the provisions of article II, division 3, Amendments.

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

Sec. 21-602. - Prohibited uses.

The following uses are prohibited in all zoning districts:

(1)

Flea markets.

(2)

The sale, offering for sale, or distribution of goods or services from any vehicle or portable vending cart, except for farmers' markets permitted by this chapter and Chapter 9, Article II, Farmers' Markets.

(3)

Manufactured homes.

(4)

Mobile units, except as allowed by this chapter for temporary classroom buildings. However, this prohibition shall not apply to temporary construction trailers used at construction sites by contractors or subcontractors.

(5)

Except as provided in Section 21-362(26), the retail sale of cannabis, including the sale of cannabis or products containing either cannabis or cannabis extracts, intended to be either ingested or inhaled in any form, but excluding topically applied products containing cannabis extracts or oils (e.g., CBD, THC oil) sold for the treatment of a medical condition. Private clubs and lodges used for the purpose of consuming cannabis on-site, whether or not the cannabis is purchased on-site, are not permitted.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 11, 1-13-94; Ord. No. 21-15, 10-14-21)

Sec. 21-603. - Accessory buildings.

(a)

In all districts, accessory buildings shall not be located in a front yard area, unless specifically allowed by the provisions of this chapter. Temporary health care structures are allowed as accessory buildings in all single family zoning districts as provided in section 21-620 of this Code.

(b)

Accessory buildings, in any residential district, shall not exceed 24 feet in height, but in no case shall exceed the height of the main building. In all other districts accessory buildings shall not exceed 35 feet in height.

(c)

Accessory buildings shall have a footprint area that is less than 50 percent of the footprint area of the main building, and shall not occupy more than 30 percent of the rear yard area in residential districts, nor more than 50 percent of the rear yard area in all other districts.

(d)

Accessory buildings shall be located at least three feet from side lot lines, and at least five feet from rear lot lines, unless otherwise specified by this chapter, and shall not be connected to the main building except by an open breezeway with no side enclosure (excluding screens), other than railings, that are more than 18 inches in height.

(e)

Accessory buildings on corner lots shall not project beyond the required side yard on the street side of the corner lot.

(e.1)

Bus shelters designed for the protection and convenience of bus passengers, and serving Williamsburg Area Transport routes, may be located in a front yard area or street side yard area on a corner lot, subject to section 21-612, Visual obstruction. No setback from the street line shall be required. The location shall be subject to approval by the zoning administrator.

(f)

Accessory buildings shall be located on the same lot as the main building.

(g)

No accessory building or structure shall be erected on a lot more than three years in advance of the principal building.

(h)

Where accessory buildings or structures are erected ahead of the principal building, they shall be placed so as not to prevent the eventual conforming location of the principal building.

(i)

Except as otherwise provided in section 21-620 (Temporary Family Health Care Structures), accessory buildings in residential districts shall be subject to the following:

(1)

No accessory building shall be used as a dwelling unit, for sleeping purposes, for servants' quarters, or for the rental of rooms.

(2)

Bathroom facilities shall be limited to a lavatory and water closet. Shower stalls and bathtubs shall be prohibited.

(3)

Kitchens shall be prohibited.

(4)

The board of zoning appeals may, as a special exception, approve additional bathroom facilities and/or kitchens, subject to the following:

The facility shall not be designed to allow the use of the accessory building as a dwelling unit or for the rental of rooms.

The proposed use of the accessory building shall be for a use permitted by this chapter.

The board may impose conditions regarding the use, location, character and other features of the accessory building, as it deems necessary in the public interest.

A certified copy of the board of zoning appeals' action, including conditions imposed, shall be recorded in the clerk's office of the circuit court of the city and the County of James City and indexed in the name of property owner.

The board may revoke the special exception and require that the facilities be removed if the accessory building is utilized in a manner that violates the provisions of this chapter.

(j)

Skateboard ramps shall be prohibited.

(k)

Subsections (a) through (i) of this section shall not apply to the restoration or reconstruction and use of colonial accessory buildings that existed prior to 1800 and which are regulated by Article III, Division 12, Colonial Williamsburg Historic Area CW.

(Ord. No. 862, 10-10-91; Ord. No. 2-94, § 12, 1-13-94; Ord. No. 09-17, 11-12-09; Ord. No. 11-11, 6-9-11)

Sec. 21-604. - Accessory apartments.

One accessory apartment may be maintained in a single-family detached dwelling in an RS-1 or RS-2 zoning district, contingent upon approval as a special exception use by the board of zoning appeals, in accordance with section 21-97(f), and subject to the following:

(1)

The occupants of the dwelling shall be a family related by blood, adoption or marriage.

(2)

There shall be no other apartment facilities or room rentals in the dwelling or its accessory buildings.

(3)

The dwelling shall be principally occupied during the maintenance of the accessory apartment by the fee simple owner and members of the owner's family related by blood, adoption or marriage.

(4)

The permitted accessory apartment shall be exclusively occupied by not more than two persons, at least one of whom is related to the owner by blood, adoption or marriage and who must be either 62 years of age or older or must be physically or mentally handicapped, and the other of whom, if not of the requisite age, handicapped condition or familial relationship, is an attendant of the qualifying handicapped person. A person shall be deemed physically or mentally handicapped if by virtue of a physical or mental condition such person is permanently incapable of carrying on some material activity reasonably necessary to independent daily living. A written certification by the handicapped person's regular physician shall accompany the permit application. Such certification shall state the nature of the handicap, the effect upon the person's ability to function normally in daily life, the expected duration of the handicap and whether or not the handicap may be expected to moderate with time. The board may require such additional evidence as it shall deem necessary as to the handicapped person including, but not limited to: the appearance of the handicapped person before the board; an independent medical examination by a physician of the board's choice which shall be performed at the applicant's expense; appearance before the board of the handicapped person's treating physician; and access to all medical records of the handicapped person.

(5)

The lot on which the dwelling is located shall not have less than 90 percent of the required minimum lot area for the district in which it is located.

(6)

Off-street parking shall be as required by article V, Parking.

(7)

When a building addition or additional parking is proposed, a minor site plan meeting the requirements of article VII, Site Plans, shall be submitted.

(8)

The floor plan and exterior elevations of the proposed accessory apartment and of the building housing same shall be presented to and approved by the board of zoning appeals. Exterior elevations shall not be required if no exterior changes are proposed. Exterior elevations shall also be approved by the architectural review board when required by article IX, Architectural Review.

(9)

An accessory apartment shall have a floor area of not less than 400 square feet nor greater than 800 square feet, but in no event shall the floor area of an accessory apartment exceed 25 percent of the existing floor area of the main building which will house same. An accessory apartment shall have one kitchen and shall have not more than two bedrooms, one bathroom and one all-purpose room and shall be entirely located within the main building (either within the outer walls of the main building or connected thereto by a common wall, ceiling or floor but not by a breezeway or porch). The architectural treatment of the accessory apartment shall be such as to portray the character of a single-family dwelling. An accessory apartment shall be accessible from the interior of the main building of which it is part. Only one main entrance shall be permitted on the front of the accessory apartment; all other exterior entrances shall be at the side or in the rear. No accessory apartment shall be permitted in a basement or cellar or above the first floor of the main building.

(10)

If the board of zoning appeals, after holding the required public hearing, finds that all enumerated requirements have been met, and if the board of zoning appeals further finds that the requested accessory apartment will not have a negative effect upon the peace and tranquility of adjacent properties or upon the value thereof, and if all fee simple owners of the affected property shall execute in form recordable among the land records of the clerk's office of the circuit court of the city and the County of James City an agreement to remove all kitchen facilities from and to do all other things necessary to establish the accessory apartment area as a functional, nondiscrete portion of the single-family dwelling housing same upon termination of the required temporary special exception permit, and if applicable requirements of section 21-97(f) have been met, then the board of zoning appeals shall issue a temporary special use permit to allow the establishment and maintenance of such accessory apartment during the time of allowed occupancy.

(11)

After completion of the accessory apartment, but prior to its occupancy, a fee simple owner of the main building housing same shall certify by affidavit delivered to the zoning administrator that the persons who will occupy such apartment are the same as those as to whom information was presented to the board of zoning appeals and that any handicap which formed the basis for the issuance of the temporary special exception permit continues. Upon receipt of such affidavit in proper form, an occupancy permit shall be issued. Thereafter, the applicant or other fee simple owner of the property in question shall submit such notarized affidavit to the zoning administrator by September 1 of each ensuing year as a requirement for the continuance of the temporary special use permit and the occupancy permit.

(12)

Within 45 days after the use of an accessory apartment is discontinued or after said use ceases to comply with the requirements of this section, the kitchen facilities, other than permanently installed plumbing pipes located in the wall and/or floor, shall be removed and said accessory apartments shall be brought into compliance with this Code in all respects and the portion of the main building which had contained the accessory apartment shall not there after be occupied or maintained as a separate dwelling unit. "Kitchen facilities" shall include sinks, dishwashers, stoves, refrigerators and the like.

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

Sec. 21-605. - Rental of bedrooms in single-family detached dwellings to roomers.

(a)

Intent. These regulations are established to allow the rental of bedrooms to roomers in single-family detached dwellings while at the same time preserving the residential character of the neighborhoods in which the dwellings are located. To these ends, bedroom rentals to roomers are allowed throughout residential districts but are limited to owner-occupied dwellings.

(b)

Owner-occupied single-family detached dwelling defined.

(1)

For the purpose of this section, a single-family detached dwelling shall be deemed "owner-occupied" only so long as it is regularly occupied by:

An adult individual who owns at least a 50 percent undivided fee simple interest in such dwelling and the lot upon which it is located and regularly occupies said dwelling as his or her principal place of residence; or

The stockholders of at least 51 percent of the individual outstanding voting stock of a corporation, chartered in the Commonwealth of Virginia, or the members of a limited liability company chartered in the Commonwealth of Virginia, who own the controlling interest therein, which corporation or limited liability company owns full fee simple title to the dwelling and the lot on which it is located.

(2)

Ownership shall be established as follows:

Record ownership of fee simple title shall be certified by an attorney-at-law duly licensed to practice in the Commonwealth of Virginia, and shall be based upon examination of the land records in the Clerk's Office for the Circuit Court of the City of Williamsburg and County of James City made not earlier than the day before delivery of the certification to the zoning administrator. Such certification shall be in form acceptable to the city attorney.

The identity of stockholders of a corporation and members of a limited liability company shall be established by affidavit of all stockholders or members in form satisfactory to the city attorney.

Such affidavit shall state that said stockholders of the majority interest of the corporation, or the majority of the members of the limited liability company, regularly occupy the dwelling as their primary residence.

On the first business day of each January following the issuance of the special exception, the ownership and occupancy of the dwelling and lot, if unchanged, shall be established as follows:

In the case of individual ownership, by affidavit of the owner or owners originally identified in the attorney's title certification furnished in connection with the permit application;

In the case of corporate ownership, the corporation's continued full fee simple ownership and the identity of the controlling stockholders shall be established by the affidavit of the president of the corporation and the continued occupancy of the dwelling and lot as the principal residence of the controlling stockholders shall be established by their affidavits; or

In the case of ownership by a limited liability company, the company's continued ownership of full fee simple ownership, the fact that the members previously identified as owning control of the limited liability company continue to do so and that all of said members continue to occupy the dwelling and lot as their primary residence shall be established by their affidavits.

If a change in fee simple ownership of the dwelling and lot has occurred since the last annual certification, than [then] the current fee simple ownership shall again be established by certificate of a duly licensed attorney-at-law based upon examination of the land records in the Clerk's Office of the Circuit Court for the City of Williamsburg and the County of James City. In such case, the identity of controlling stockholders, in the case of a corporation or controlling members, in the case of limited liability company and the facts regarding occupancy shall be established by affidavits as provided in section 21-605(b)(2)c. above.

Should ownership, control or occupancy of a dwelling for which a special exception has been issued at any time fail to meet the requirements of this section 21-605(b), and if compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special exception shall become null and void.

(c)

Rental of one bedroom to one roomer. The rental of one bedroom to one roomer shall be allowed by right, subject to the following:

(1)

Rentals shall be limited to owner-occupied single-family detached dwellings.

(2)

The furnishing of meals for compensation to such rental occupant by a member of the family is also permitted.

(3)

No additional off-street parking shall be required.

(4)

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

(d)

Rental of bedrooms to more than one roomer. The rental of bedrooms to more than one roomer shall be contingent upon approval as a special exception use by the board of zoning appeals in accordance with section 21-97(f), and subject to the following:

(1)

Rentals shall be limited to owner-occupied single-family detached dwellings.

(2)

No more than two bedrooms in the principal dwelling may be rented to roomers.

(3)

No persons other than members of the immediate family residing on the premises shall be involved in the rental of the permitted bedroom(s).

(4)

The furnishing of meals for compensation to permitted occupants by a member of the family is also permitted.

(5)

No more than two roomers shall occupy a bedroom at the same time, unless otherwise reduced by the requirements of the Uniform Statewide Building Code and all other applicable laws and regulations.

(6)

The following parking requirements shall apply:

One off-street parking space shall be provided for each roomer (as required by Article V, Parking), and shall be reserved for use by the occupants of the rental bedrooms.

The board of zoning appeals, when ruling on the special exception, shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, the board may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots.

Parking shall be screened from adjoining residences and street(s) by an element of the building, fence, wall or landscape buffer, and shall be approved by the board of zoning appeals when ruling on the special exception.

Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

Parking spaces and driveways (for both the single-family detached dwelling and the proposed bedroom rentals) shall not occupy more than 30 percent of a front or rear yard area, and shall not occupy more than 15 percent of the total lot area for lots having a lot area of 20,000 square feet or less; nor more than ten percent of the total lot area for lots having a lot area of more than 20,000 square feet. When applying for a special exception, existing parking spaces and driveways that are constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones may be used to provide the required parking, even if they are not in compliance with these standards. All new parking spaces and driveways shall comply with these standards.

Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.

(7)

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

(8)

The application for a special exception shall include: a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exits and the location of smoke detectors; and a minor site plan in accordance with Article VII, Site Plans, showing the location of the parking to be provided, the location of proposed screening and landscaping, and lot coverage of the driveways and parking areas.

(9)

It shall be a violation of this section to advertise for rent to roomers any bedrooms exceeding the number of bedrooms authorized herein or which are determined by the zoning administrator to be legally nonconforming.

(Ord. No. 862, 10-10-91; Ord. No. 11-95, § 1, 4-13-95; Ord. No. 2-96, 2-8-96; Ord. No. 06-19, 8-10-06; Ord. No. 14-08, 2-13-14; Ord. No. 14-13, 6-12-14)

Sec. 21-605.1. - Bed and breakfast establishments.

(a)

Intent. These regulations are established to allow the operation of bed and breakfast establishments along the city's entrance corridors while preserving the residential character of the neighborhoods in which they are located. By limiting the location of bed and breakfast establishments only along specified entrance corridors, bringing increased traffic and congestion by nonresidents into residential districts is avoided. In addition, bed and breakfast establishments are limited to a minority of the houses on the specified streets in order to ensure that all of the corridors maintain their residential character.

(b)

Owner-occupied bed and breakfast establishment defined.

(1)

For the purpose of this section, a bed and breakfast establishment shall be deemed "owner-occupied" only so long as it is regularly occupied by:

An adult individual who owns at least a 50 percent undivided fee simple interest in such bed and breakfast establishment and the lot upon which it is located and regularly occupies said bed and breakfast establishment as his or her principal place of residence; or

(2)

Ownership shall be established as follows:

The identity of stockholders of a corporation and members of a limited liability company shall be established by affidavit of all stockholders or members in form satisfactory to the city attorney.

On the first business day of each January following the issuance of the special exception, the ownership and occupancy of the bed and breakfast establishment and lot, if unchanged, shall be established as follows:

In the case of individual ownership, by affidavit of the owner or owners originally identified in the attorney's title certification furnished in connection with the permit application;

In the case of ownership by a limited liability company, the company's continued ownership of full fee simple ownership, the fact that the members previously identified as owning control of the limited liability company continue to do so and that all of said members continue to occupy the bed and breakfast establishment and lot as their primary residence shall be established by their affidavits.

If a change in fee simple ownership of the bed and breakfast establishment and lot has occurred since the last annual certification, than [then] the current fee simple ownership shall again be established by certificate of a duly licensed attorney-at-law based upon examination of the land records in the Clerk's Office of the Circuit Court for the City of Williamsburg and the County of James City. In such case, the identity of controlling stockholders, in the case of a corporation or controlling members, in the case of limited liability company and the facts regarding occupancy shall be established by affidavits as provided in section 21-605.1(b)(2)c. above.

Should ownership, control or occupancy of a bed and breakfast establishment for which a special exception has been issued at any time fail to meet the requirements of this section 21-605.1(b), and if compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special exception shall become null and void.

(c)

Bed and breakfast establishments. Bed and breakfast establishments shall be approved as either a special exception use by the board of zoning appeals in accordance with section 21-97(f), or as a special use permit by the city council in accordance with Article II, Division 2, and subject to the following:

(1)

Bed and breakfast establishments may be:

Owner-occupied and may have either a full-time live-in manager (which may include the manager's family) or one non-resident employee; or

Non-owner-occupied with a full-time live-in manager (which may include the manager's family and/or one non-resident employee) residing on the premises, provided, however, that a full-time live-in non-owner manager shall only be permitted to reside on the premises in lieu of an owner occupant if the owner of the bed and breakfast establishment, as defined by section 21-605.1(b)(1)a. or the stockholders or members as defined by section 21-605.1(b)(1)b. also resides in the City of Williamsburg.

A change in occupancy from category 21-605.1(c)(1)a. to category 21-605.1(c)1.b., as described above, shall require the issuance of a new special exception or special use permit.

(2)

No more than four bedrooms in the principal dwelling may be rented to visitors with a special exception approved by the board of zoning appeals. With a special use permit approved by the city council, no more than six bedrooms may be rented to visitors in the principal dwelling, with a minimum lot size of one acre (43,560 square feet).

No more than two visitors shall occupy a bedroom at the same time, except for any child under 16 years of age, unless otherwise reduced by the requirements of the Uniform Statewide Building Code and all other applicable laws and regulations.

(3)

No persons other than members of the immediate family residing on the premises, a full-time live-in manager (which may include the manager's family) or an authorized employee for an owner-occupied bed and breakfast establishment as provided in section 21-605.1(c)(1)a. above, or the full-time live-in manager (which may include the manager's family and/or one non-resident employee) as provided in section 21-605.1(c)(1)b. above, shall be involved in the operation of the bed and breakfast establishment and in the serving of meals.

(4)

Meals may be provided, subject to the following conditions:

Meals may only be served to visitors renting bedrooms in the bed and breakfast establishment, and to the guests of visitors currently renting bedrooms in the bed and breakfast establishment. The maximum number of guests allowed to be served meals shall be two guests for each authorized bedroom for the bed and breakfast establishment.

As a part of the special exception or special use permit application, a letter from the Virginia Department of Health indicating compliance with their food establishment regulations shall be submitted.

(5)

Weddings, receptions and other special events: A bed and breakfast establishment meeting the requirements sections 21-605.1(c)(15) and 21-605.1(c)(16), and located on a lot contiguous to the major streets listed in section 21-605.1(c)(6), may host weddings, receptions and other special events. The following requirements shall apply:

Maximum number of guests: The maximum number of guests shall be double the approved capacity of the bed and breakfast establishment, based on an occupancy of two persons per bedroom. Additional guests may be authorized with a supplemental special exception from the board of zoning appeals in accordance with section 21-97(f), and subject to the following additional requirements:

The maximum number of guests is 50 people.

For events above the standard capacity, there shall be no more than one per day, or two in any seven-day period. A wedding ceremony and its associated reception shall be considered a single event.

A parking plan shall be submitted and approved as a part of the special exception process. Parking may be accommodated on-site, on adjacent property or on property directly across the street, and/or on available and conveniently located public parking spaces from which attendees can walk safely. Valet parking may also be used.

When food service is proposed as a part of the proposed weddings, receptions and other special events, a letter from the Virginia Department of Health indicating compliance with their food establishment regulations shall be submitted as a part of the special exception application.

The authorization for additional guests shall be valid so long as the approval for the bed and breakfast establishment is valid.

Facilities: Any building or temporary tents used to accommodate weddings, receptions and special events shall comply with all applicable requirements of the Uniform Statewide Building Code and the Fire Prevention Code (Chapter 8, Fire Protection, Williamsburg Code). Any tent shall be removed within 48 hours of the conclusion of each event, unless the special exception allows a greater time.

Duration of event: Weddings, receptions and special events shall be limited to between 10:00 a.m. and 10:00 p.m. Set-up and take-down activities may take place no earlier than 8:00 a.m. and no later than 11:00 p.m.

Lighting: Exterior lighting shall be limited to fixtures and illumination intensities that will not produce illumination intensities exceeding 0.1 footcandles at the property line.

Noise: Events shall be subject to all requirements Article V, Noise Control of the Williamsburg Code. No amplified music shall be allowed.

Food service: When food service is proposed as a part of the proposed weddings, receptions and other special events, approval must be obtained from the Virginia Department of Health.

The use of a bed and breakfast establishment for weddings, receptions and special events shall be subject to the applicable provisions of the Uniform Statewide Building Code, the Fire Prevention Code (Chapter 8, Fire Protection, Williamsburg Code), Virginia Department of Health requirements, and all other applicable laws and regulations. A certificate of occupancy shall be issued by the Williamsburg Codes Compliance Division prior the bed and breakfast establishment hosting weddings, receptions and special events.

(6)

Bed and breakfast establishments shall be permitted only on lots contiguous to the major streets or portions thereof listed below, and only if the bed and breakfast establishment and its front door faces the major street. The number of bed and breakfast establishments is limited to a percentage of the single-family detached dwellings in the city existing on each street or portion of street listed below, as of February 8, 1996, that meet the above listed requirements, as follows: 45 percent for the portion of Richmond Road between Brooks Street and Virginia Avenue; 45 percent for all of Jamestown Road; and ten percent for all other streets or portions of streets listed below. The major streets and the number of bed and breakfast establishments allowed are:

Capitol Landing Road from Lafayette Street to Queen's Creek — four bed and breakfast establishments are allowed.

Henry Street between Lafayette Street and Mimosa Drive — two bed and breakfast establishments are allowed.

Jamestown Road — 15 bed and breakfast establishments are allowed.

Lafayette Street — three bed and breakfast establishments are allowed.

Page Street — one bed and breakfast establishment is allowed.

Richmond Road between Brooks Street and Virginia Avenue — ten bed and breakfast establishments are allowed.

(7)

Vehicular access shall be permitted only from the streets listed above, or from a side street intersecting with a listed street. When necessary to preserve the character of the surrounding neighborhood and streetscape, the board may prohibit vehicular access from a side street intersecting with a listed street.

(8)

The following parking requirements shall apply:

Two off-street parking spaces for the bed and breakfast establishment, plus one off-street parking space for each bedroom rented to visitors shall be provided (as required by Article V, Parking).

The board of zoning appeals, when ruling on the special exception, and the city council when ruling on the special use permit, shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, the board or the council may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots.

Parking shall be screened from adjoining residences and adjacent streets(s) by an element of the building, fence, wall or landscape buffer, and shall be approved by the board of zoning appeals when ruling on the special use permit, or by city council when ruling on the special use permit.

Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

Parking spaces and driveways for a bed and breakfast establishment shall not occupy more than 30 percent of a front or rear yard area, and shall not occupy more than 15 percent of the total lot area for lots having a lot area of 20,000 square feet or less; nor more than ten percent of the total lot area for lots having a lot area of more than 20,000 square feet. When applying for a special exception or special use permit, existing parking spaces and driveways that are constructed of gravel, compacted stone, concrete asphalt, brick or paving stones may be used to provide the required parking, even if they are not in compliance with these standards. All new parking spaces and driveways shall comply with these standards.

As part of a request for a special use permit for the rental of more than four bedrooms [which requires a minimum lot size of one acre (43,560 square feet)], city council may allow parking spaces and driveways to occupy up to 15 percent of the total lot area. This shall supersede the restrictions stated in section 21-705.1(b).

Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.

(9)

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

(10)

(11)

It shall be a violation of this section to advertise for rent to visitors any bedroom exceeding the number of bedrooms authorized herein or which are determined by the zoning administrator to be legally nonconforming.

(12)

The board of zoning appeals shall not make a final decision on a proposal for a bed and breakfast establishment until it has received a recommendation from the planning commission's site plan review committee on the minor site plan.

(13)

Bedrooms presently rented to roomers shall not be rented to visitors unless all requirements of section 21-605.1 are met, which includes approval as a special exception use by the board of zoning appeals or the approval as a special use permit use by the city council.

(14)

The owner-occupant or the full-time live-in manager of the detached dwelling renting bedrooms to visitors shall keep records of all bedrooms rented, which shall be submitted to the zoning administrator for the previous quarter on April 20, July 20, October 20 and January 20 of each year, and at any other time upon the request of the zoning administrator. The records shall be submitted on a form provided by the zoning administrator, and shall include each bedroom rented, the date rented, the number of persons occupying the bedroom, the number of motor vehicles parked on the premises by the occupant(s) of the bedroom, and the names of all persons residing in the dwelling for the reporting period. The owner-occupant or the full-time live-in manager shall certify by affidavit at the bottom of each page that the records are true and correct and represent all bedrooms rented and the occupants thereof for the stated time period.

(15)

A special exception approved by the board of zoning appeals, or a special use permit approved by the city council, shall expire 180 days from the date of the approval unless the applicant has obtained a certificate of occupancy and a business license for the bed and breakfast establishment.

(16)

A special exception approved by the board of zoning appeals, or a special use permit approved by the city council, shall remain valid only as long as there are at least 100 bedroom rental nights each calendar year. If there are less than 100 bedroom rental nights in a calendar year, the special exception or special use permit approval shall expire. If less than a full calendar year remains following the approval of the special exception by the board of zoning appeals or a special use permit approved by the city council, the required bedroom rental nights shall be prorated based upon the portion of the calendar year remaining. A bedroom rental night is defined as the rental of an individual bedroom for one night. These restrictions shall not to apply to the rental of bedrooms to visitors that were approved by the board of zoning appeals prior to February 8, 1996, or which were determined by the zoning administrator to have been legally nonconforming as of February 8, 1996.

(17)

Any special exception approved by the board of zoning appeals or special use permit granted by the city council for a bed and breakfast establishment pursuant to this section shall become null and void if within any 48-month period a court of competent jurisdiction has issued two injunctions arising out of violations of such special exception or special use permit, or of any provision of this section 21-605.1, to the same record owner of such bed and breakfast establishment and lot or to one or more of the same individuals identified in the zoning administrator's records as regularly occupying the subject dwelling as their residence. The special exception or special use permit shall, however, not become null and void until all appeal periods have run regarding such injunctions.

(Ord. No. 14-13, 6-12-14)

Sec. 21-605.2. - Rental of one room in single-family detached dwellings to visitors.

(a)

Intent. These regulations are established to allow the rental of one room to transient visitors in single-family detached dwellings only while at the same time preserving the residential character of the neighborhoods in which the dwellings are located. To these ends, a one room rental to transient visitors is allowed throughout residential districts as a business accessory use, with a special exception, but is limited to owner-occupied single-family detached dwellings.

(b)

Rental of a room to transient visitors. Rental of a room to transient visitors shall be permitted only in owner-occupied single-family detached dwellings. Room may consist of a bedroom, bathroom, closet(s), and a sitting area for the exclusive use of the transient visitors, but may not include cooking facilities separate from the primary cooking facilities serving the single-family detached dwelling.

(c)

Limitation. Rental of a room to transient visitors shall be permitted for not more than 104 nights per calendar year, and shall be contingent upon approval as a special exception use by the Board of Zoning Appeals in accordance with subsection 21-97(f), and subject to the following:

(d)

Owner-occupied single-family detached dwelling defined.

(1)

For the purpose of this section, a single-family detached dwelling shall be deemed "owner-occupied" only so long as it is regularly occupied by:

The stockholder(s) of at least 51 percent of the individual outstanding voting stock of a corporation, chartered in the Commonwealth of Virginia, or the member(s) of a limited liability company or limited partnership chartered in the Commonwealth of Virginia, who own the controlling interest therein, which corporation or limited liability company or limited partnership owns full fee simple title to the dwelling and the lot on which it is located, and which controlling stockholder(s)/member(s)/partners are related to one another as provided in the definition of family as provided in Section 21-2 and regularly occupy said dwelling as their principal place of residence along with their family.

The trustee or adult primary beneficiary of a trust, when the property is held as an asset of the trust and the trustee or adult primary beneficiary occupies the dwelling as his or her principal place of residence.

(2)

Ownership shall be established as follows:

The identity of stockholders of a corporation and members of a limited liability company shall be established by affidavit of all stockholders or members in form satisfactory to the city attorney. Such affidavit shall state that said stockholders of the majority interest of the corporation, or the majority of the members of the limited liability company, regularly occupy the dwelling as their primary residence.

The identity of the trustee or primary beneficiary of a trust shall be established by providing a copy of the trust document accompanied by an affidavit of the trust identifying the current adult trust beneficiaries.

(3)

On the first business day of each January following the issuance of the special exception, the ownership and occupancy of the dwelling and lot, if unchanged, shall be established as follows:

In the case of individual ownership, by affidavit of the owner or owners originally identified in the attorney's title certification furnished in connection with the permit application;

In the case of ownership by a limited liability company, the company's continued ownership of full fee simple ownership, the fact that the members previously identified as owning control of the limited liability company continue to do so and that said members continue to occupy the dwelling and lot as their primary residence shall be established by their affidavits.

(4)

If a change in fee simple ownership of the dwelling and lot has occurred since the last annual certification, then the current fee simple ownership shall again be established by certificate of a duly licensed attorney-at-law based upon examination of the land records in the Clerk's Office of the Circuit Court for the City of Williamsburg and the County of James City. In such case, the identity of controlling stockholders, in the case of a corporation or controlling members, in the case of limited liability company and the facts regarding occupancy shall be established by affidavits as provided in subsection 21-605.2(d)(2), above.

(e)

Should ownership, control or occupancy of a dwelling for which a special exception has been issued at any time fail to meet the requirements of subsection 21-605.2(d), and if compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special exception shall become null and void.

(f)

Prior to offering property for rental by transient visitors, the applicant shall provide to the zoning administrator:

(1)

Evidence of ownership as provided in subsection 21-605.2(d).

(2)

A copy of a general liability insurance policy in the name of the owner covering the rental of the property to visitors, with coverage of not less than $500,000.00. Such insurance coverage must remain in place at all times while any part of the property is being offered for short-term rental.

(3)

A property management plan demonstrating how the short-term rental will be managed and how the impact on neighboring properties will be minimized shall be submitted to the Planning Department for review and approval as part of the permitting process. The plan shall include local points of contact available to respond immediately to complaints, clean up garbage, manage unruly tenants and utility issues, etc. The contact numbers shall be provided to City staff, public safety officials and, if applicable, the HOA/POA of the subdivision. The plan must be provided as part of the rental contract.

(4)

If the property is located within a subdivision governed by a homeowner's association/property owners association, the zoning administrator must receive written confirmation from the HOA/POA that the short-term rental is permitted pursuant to the subdivisions restrictive covenants.

(5)

A copy of a business license issued by the Williamsburg Commissioner of the Revenue shall be provided to the zoning administrator not less than 30 days after the approval of the special exception but prior to occupancy by the transient visitor.

(g)

The Board of Zoning Appeals shall determine if the property at issue meets the occupancy requirement, provides an adequate plan for managing the property, and shall determine if the property may be operated as a short-term rental consistent with the provisions of Subsection 21-97(f) and conditions contained herein.

(h)

Special exceptions to operate a short-term rental shall be subject to the following conditions:

(1)

Rentals are limited to owner-occupied single-family detached dwellings and the owner must be physically present at the property during any rental period.

(2)

No more than one room in the principal dwelling may be rented to transient visitors, as defined in Subsection 21-605.2(b).

(3)

The furnishing of meals is not permitted.

(4)

No more than two transient visitors shall occupy a room at the same time, excluding minor children of the transient occupants, unless otherwise reduced by the requirements of the Uniform Statewide Building Code and all other applicable laws and regulations.

(5)

The following parking requirements shall apply:

One off-street parking space shall be provided (as required by Article V, Parking), and shall be reserved for use by the occupants of the rental room.

The Board of Zoning Appeals, when ruling on the special exception, shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, the board may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots.

Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

Parking spaces and driveways (inclusive of spaces for the single-family detached dwelling and the proposed room rental) shall not occupy more than 30 percent of a front or rear yard area, and shall not occupy more than 15 percent of the total lot area for lots having a lot area of 20,000 square feet or less; nor more than ten percent of the total lot area for lots having a lot area of more than 20,000 square feet. When applying for a special exception, existing parking spaces and driveways that are constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones may be used to provide the required parking, even if they are not in compliance with these standards. All new parking spaces and driveways shall comply with these standards.

Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.

(6)

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

(7)

No property being used as a residential rental property may also be used as a short-term rental. Only the property owner and his or her family, as defined in Section 21-2, may reside at the dwelling along with transient visitors.

(8)

Property owners utilizing their properties as a short-term rental must keep a register of short-term rentals of the property. Said register shall be subject to inspection upon request of the zoning administrator, and application for a permit to engage in short-term rentals shall contain a written consent for such inspection. The name and addresses of all transient visitors occupying the short-term rental and the dates rented must be maintained in the register, whether or not that person is the person who paid the cost of the short-term rental or not. Said information must be maintained in said register for a period of two years.

(9)

Short-term rentals may not be occupied by the same transient visitors for a period of more than 30 days during any calendar year.

(10)

There shall be no visible evidence of the conduct of such short-term rentals on the outside appearance of the property.

(11)

Event rentals are not permitted.

(12)

A fully functional smoke detector and carbon monoxide detector must be installed on each floor of the dwelling.

(13)

The owner of a dwelling used for short-term rentals shall give the City written consent to inspect such dwelling upon a 24-hour notice to ascertain compliance with all the above performance standards.

(14)

All outdoor burning shall be in compliance with Chapter 5 of the Williamsburg City Code.

(15)

Owners of the short-term rental shall ensure that transient visitors comply with City ordinances, including but not limited to the City noise and nuisance ordinance. A copy of Chapter 12 of the City Code relative to noise must be provided at the short-term rental dwelling.

(i)

It shall be unlawful to rent a room to transient visitors in any dwelling except as provided herein.

(j)

Except as otherwise herein provided, a special exception as granted hereunder may be revoked for failure to comply with a required condition contained herein or for multiple violations on more than three occasions of any state or local laws, ordinances or regulations related to the rental of the room, consistent with Subsection 21-97(g).

(Ord. No. 19-01, 2-14-19)

Sec. 21-605.3. - Small Inn.

(a)

Intent. These regulations are established to allow the operation of small inns along two City entrance corridors while preserving the residential character of the neighborhoods in which they are located By limiting the location of small inns only along these specific entrance corridors, bringing increased traffic and congestion by non-residents into residential districts is minimized.

(b)

Owner-occupied small inn defined.

(1)

For the purpose of this section, a small inn shall be deemed "owner-occupied" only so long as it is regularly occupied by:

An adult individual who owns at least a 50 percent undivided fee simple interest in such small inn and the lot upon which it is located and regularly occupies said small inn as his or her principal place of residence; or

(2)

Ownership shall be established as follows:

On the first business day of each January following the issuance of the special use permit, the ownership and occupancy of the small inn and lot, if unchanged, shall be established as follows:

In the case of individual ownership, ay affidavit of the owner or owners originally identified in the attorney's title certification furnished in connection with the permit application;

In the case of ownership by a limited liability company, the company's continued ownership of full fee simple ownership, the fact that the members previously identified as owning control of the limited liability company continue to do so and that all of said members continue to occupy the small inn and lot as their primary residence shall be established by their affidavits.

If a change in fee simple ownership of the small inn and lot has occurred since the last annual certification, than [then] the current fee simple ownership shall again be established by certificate of a duly licensed attorney-at-law based upon examination of the land records in the Clerk's Office of the Circuit Court for the City of Williamsburg and the County of James City. In such case, the identity of controlling stockholders, in the case of a corporation or controlling members, in the case of Limited Liability Company and the facts regarding occupancy shall be established by affidavits as provided in section 21-605.3(b)(2)c, above.

Should ownership, control or occupancy of a small inn for which a special use permit has been issued at any time fail to meet the requirements of this section 21-605.3(b), and if compliance has not been achieved within 60 days of the zoning administrator's notice of noncompliance, then the special use permit shall become null and void.

(c)

Small inns shall be approved as a special use permit by the city council in accordance with Article II, Division 2, and subject to the following:

(1)

Small inns may be:

Owner-occupied and may have either a full-time live-in manager (which may include the manager's family) or one non-resident employee; or

Non-owner-occupied with a full-time live-in manager (which may include the manager's family and/or one non-resident employee) residing on the premises, provided, however, that a full-time live-in non-owner manager shall only be permitted to reside on the premises in lieu of an owner occupant if the owner of the small inn, as defined by section 21-605.3(b)1)a, or the stockholders or members as defined by section 21-605.3(b)(1)b, also resides in the City of Williamsburg.

A change in occupancy from category 21-605.3(c)(1)a, to category 21-605.3(c)(1)b as described above, shall require the issuance of a new special use permit.

(2)

No more than ten bedrooms in a small inn may be rented to visitors with a special use permit approved by the city council, with a minimum lot size of one acre (43,560 square feet).

(3)

No persons other than members of the immediate family residing on the premises, a full-time live-in manager (which may include the manager's family) or an authorized employee for an owner-occupied small inn as provided in section 21-605.1(c)(1)a above, or the full-time live-in manager (which may include the manager's family and/or one non-resident employee) as provided in section 21-605.1(c)(1)b above, shall be involved in the operation of the small inn and in the serving of meals.

(4)

Meals may be provided, subject to the following conditions:

Meals may only be served to visitors renting bedrooms in the small inn, and to the guests of visitors currently renting bedrooms in the small inn. The maximum number of guests allowed to be served meals shall be two guests for each authorized bedroom for the small inn.

As part of the special exception or special use permit application, a letter from the Virginia Department of Health indicating compliance with their food establishment regulations shall be submitted.

(5)

Weddings, receptions and other special events: A small inn meeting the requirements sections 21-605.3(c)(15) and 21-605.3(c)(16), and located on a a lot contiguous to the major streets listed in section 21-605.3(c)(6), may host weddings, receptions and other special events. The following requirements shall apply:

Maximum number of guests shall be 50 people and approved as part of the special use permit in accordance with Article II Division 2, and subject to the following additional requirements:

For events above the standard capacity, there shall be no more than one per day, or two in any seven-day period. A wedding ceremony and its associated reception shall be considered a single event.

A parking plan shall be submitted and approved as a part of the special use permit process. Parking may be accommodated on-site, on adjacent property or on property directly across the street, and/or on available and conveniently located public parking spaces from which attendees can walk safely. Valet parking may also be used.

Lighting: Exterior lighting shall be limited to fixtures and illumination intensities that will not produce illumination intensities exceeding 0.1 foot-candles at the property line.

Noise: Events shall be subject to all requirements Article V, Noise Control of the Williamsburg Code. No amplified music shall be allowed.

Food service: When food service is proposed as a part of the proposed weddings, receptions and other special events, approval must be obtained from the Virginia Department of Health.

The use of a small inn for weddings, receptions and special events shall be subject to the applicable provisions of the Uniform Statewide Building Code, the Fire Prevention Code (Chapter 8, Fire Prevention, Williamsburg Code), Virginia Department of Health requirements, and all other applicable laws and regulations. A certificate of occupancy shall be issued by the Williamsburg Codes Compliance Division prior to small inn hosting weddings, receptions and special events.

(6)

Small inns shall be permitted only on lots contiguous to Jamestown Road and Richmond Road (between Brooks Street and Virginia Avenue) and only if its front door faces Jamestown or Richmond Road respectively.

(7)

Vehicular access shall be permitted only from the streets listed above, or from a side street intersecting with a listed street. When necessary to preserve the character of the surrounding neighborhood and streetscape, City Council may prohibit vehicular access from a side street intersecting with a listed street.

(8)

The following parking requirements shall apply:

Two off-street parking spaces for the small inn, plus one off-street parking space for each bedroom rented to visitors shall be provided (as required by Article V, Parking).

City Council, when ruling on the special use permit shall consider the location of the off-street parking and its impact on adjoining residences and the adjacent street(s). When necessary to preserve the character of the surrounding neighborhood and streetscape, council may prohibit the location of off-street parking in front yards and/or the street side yards for corner lots.

Parking shall be screened from adjoining residences and adjacent street(s) by an element of the building, fence, wall or landscape buffer, and shall be approved by city council when ruling on the special use permit.

Parking spaces and driveways shall be constructed of gravel, compacted stone, concrete, asphalt, brick or paving stones.

As part of a request for a special use permit (which requires a minimum lot size of one acre (43,560 square feet), city council may allow parking spaces and driveways to occupy up to 15 percent of the total lot area. This shall supersede the restrictions stated in section 21-705.1(b).

Parking shall be allowed only in driveways or parking spaces meeting these requirements, and shall be prohibited elsewhere on the lot.

(9)

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

(10)

The application for a special use permit shall include: a floor plan showing the location of each bedroom to be rented, including its dimensions and floor area, the location of exits and the location of smoke detectors; and a minor site plan in accordance with Article VII, Site Plans, showing the location of the parking to be provided, the location of proposed screening and landscaping, and lot coverage of the driveways and parking areas.

(11)

(12)

No bedrooms in a small inn may be rented to roomers.

(13)

The owner-occupant or the full-time live-in manager of the detached dwelling renting bedrooms to visitors shall keep records of all bedrooms rented, which shall be submitted to the zoning administrator for the previous quarter on April 20, July 20, October 20 and January 20 of each year, and at any other time upon the request of the zoning administrator. The records shall be submitted on a form provided by the zoning administrator, and shall include each bedroom rented, the date rented, the number of persons occupying the bedroom, the number of motor vehicles parked on the premises by the occupant(s) of the bedroom and the names of all persons residing in the dwelling for the reporting period. The owner occupant or the full-time live-in manager shall certify by affidavit at the bottom of each page that the records are true and correct and represent all bedrooms rented and the occupants thereof for the stated time period.

(14)

A special use permit approved by the city council, shall expire 180 days from the date of the approval unless the applicant has obtained a certificate of occupancy and a business license for the small inn.

(15)

A special use permit approved by the city council, shall remain valid only as long as there are at least 100 bedroom rental nights each calendar year. If there are less than 100 bedroom rental nights in a calendar year, the special use permit approval shall expire. If less than a full calendar year remains following the approval of the special use permit approved by the city council, the required bedroom rental nights shall be prorated based upon the portion of the calendar year remaining. A bedroom rental night is defined as the rental of an individual bedroom for one night.

(16)

Any special use permit granted by the city council for a small inn pursuant to this section shall become null and void if within any 48-month period a court of competent jurisdiction has found that there have been two or more valid zoning violations pertaining to such special use permit, or of any provision of this section 21-605.3, to the same record owner of such small inn and lot or to one or more o the same individuals identified in the zoning administrator's records as regularly occupying the subject dwelling as their residence. The special use permit shall, however, not become null and void until all appeal periods have run regarding such zoning violations.

(Ord. No. 19-23, 11-14-19)

Sec. 21-606. - Home occupations.

(a)

A home occupation is an accessory use of a dwelling unit for gainful employment involving the manufacture, provision or sale of goods and/or services; and conducted in a dwelling unit or in an accessory building on the same lot as the dwelling unit by not more than two members of the family residing on the premises, provided that:

(1)

It is clearly incidental and subordinate to the dwelling unit's use for residential purposes by its occupants.

(2)

It does not result in alteration of the appearance of the dwelling unit or accessory building, or the lot on which it is located.

(3)

It does not occupy more than one-fourth of the floor area of the dwelling unit or exceed an area greater than 400 square feet, whichever is less.

(4)

It does not involve the storage of goods and materials outdoors.

(5)

No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference beyond what normally occurs in the applicable zoning district in connection with the primary uses allowed.

(6)

It shall not entail the use or storage of explosive, flammable or otherwise hazardous materials in amounts exceeding normal domestic quantities.

(7)

It shall not generate pedestrian or vehicular traffic beyond that reasonable to the district in which located.

(8)

It shall not involve the use of commercial vehicles delivering materials to or from the premises at a frequency beyond that reasonable to the residential use of the property.

(9)

It shall not involve the sale of products or services other than those produced on the premises.

(10)

It is not identified by any sign or by a display of merchandise.

(11)

The operation of a day care facility for not more than five children shall be considered a permitted home occupation, provided that the other provisions of this section are complied with.

(12)

Permitted home occupations shall not in any event include:

Animal hospitals and kennels.

Motor vehicle painting or repair.

Barbershops and beauty parlors.

Doctor's or dentist's offices, clinics and hospitals.

Fortunetellers, palm readers and clairvoyants.

Massage parlors.

Restaurants.

(13)

Rental of bedrooms to roomers and visitors is regulated by section 21-605, and is only allowed in single-family detached dwellings.

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

Sec. 21-607. - Special yard regulations.

(a)

Except as specified in this section, and except for permitted accessory buildings, a required yard shall be open and free from any building.

(b)

A bay window which is not more than ten feet wide may extend three feet into a required front or rear yard.

(c)

Open decks may extend five feet into a required front yard, five feet into a required side yard, and 12 feet into a required rear yard. "Open deck" shall mean a deck with no roof and no side enclosure other than railings, and which does not have permanent foundations.

(d)

Unenclosed porches and balconies shall not project into any required yard areas. "Unenclosed porches or balconies" shall mean a porch or balcony with a roof but no side enclosure, other than railings or screens.

(e)

Enclosure of existing unenclosed porches encroaching into a required set back is permitted only with a Special Exception.

(f)

The ordinary projections of chimneys and flues may extend into a required yard.

(g)

Mechanical or HVAC equipment may be located in a required side or rear yard, but on corner lots shall not project beyond the required side yard on the street side of the corner lot.

(h)

The front, side and rear yard requirements of this chapter shall not apply to any necessary retaining wall or required screening fence.

(Ord. No. 862, 10-10-91; Ord. No. 20-13, 9-10-20)

Sec. 21-608. - Street frontage for lots.

Every building that is erected shall be located on a lot having its principal frontage on a public street; on a private street which existed prior to January 1, 1966, and which has been recorded in the clerk's office of the circuit court of the city and the County of James City; or on a private street which is shown on a subdivision plat for a planned development or townhouse development which has been duly approved by the city and which has been recorded in the aforesaid clerk's office. Lots in new subdivisions for single-family detached and duplex dwellings shall front on public streets.

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

Sec. 21-609. - Satellite dishes and antennae.

(a)

Satellite dishes.

(1)

In residential and non-residential zoning districts, satellite dishes shall be allowed as follows:

Satellite dishes with a diameter of one meter (39.37 inches) or less shall be permitted by right. No architectural review board approval shall be required. However, in no event shall the satellite dish be visible from any property or public street right-of-way located within the Colonial Williamsburg historic area CW.

(2)

In non-residential zoning districts, satellite dishes shall be allowed as follows:

Satellite dishes with a diameter of more than one meter (39.37 inches) shall be permitted by right. In no event shall a satellite dish be visible from any property or public street right-of-way located within the Colonial Williamsburg historic area CW. No satellite dish shall exceed ten feet in diameter.

If located at ground level, a satellite dish shall be located only in a rear yard. The bottom of a satellite dish shall be no higher than two feet above the adjacent natural grade, and the top of a satellite dish shall be no higher than 12 feet above the adjacent natural grade. The satellite dish shall be set back at least three feet from any side property line and five feet from any rear property line, and on corner lots shall not project beyond the required side yard on the street side of the corner lot. All satellite dishes shall be of a subdued color to blend with the landscape. Satellite dishes shall be screened from view from adjacent properties by new or existing plant material, obscuring fence or buildings on all sides except the side oriented to the line of reception. The color of the satellite dish and the type of screening shall be approved by the board of zoning appeals. No architectural review board approval shall be required except for any proposed fence.

If located on top of a flat-roofed building, the satellite dish shall be set back from the edge of the roof a distance equal to at least two times the height of the satellite dish. The top of the satellite dish shall be no higher that 12 feet above the roof. The satellite dish shall be screened on all sides except the side oriented to the line of reception by an element of the building or by a separate, permanently installed screen harmonizing with the building in material, color, size and shape. Screening shall be approved by the zoning administrator.

If a useable satellite signal cannot be obtained by locating or sizing a dish antenna in accordance with the above-listed criteria, an application for a special exception may be made to the board of zoning appeals in accordance with section 21-97(f). In its consideration of such applications, the board may impose such conditions as it deems necessary to protect the public health, safety and general welfare and to protect the character of adjacent properties and those immediately across the street, and particularly the character of the Colonial Williamsburg historic area CW and properties located in the Architectural Preservation District AP. In no event shall a satellite dish be visible from any property or public street right-of-way located within the Colonial Williamsburg historic area CW.

No lettering or advertising messages shall be painted on or attached to any satellite dish greater than one meter (39.37 inches) in diameter.

(b)

Antennae.

(1)

Radio and television antennae for home use, when attached to the main building, shall be exempt from height requirements of this chapter.

(2)

Towers supporting radio and television antennae shall not exceed the height allowed for accessory buildings in the zoning district in which they are located. The board of zoning appeals may approve, as a special exception in accordance with section 21-97(f), an increase in the height of the tower up to the maximum height allowed for main structures in the zoning district in which it is located. In no event shall the tower be visible from the Colonial Williamsburg historic area CW.

(Ord. No. 862, 10-10-91; Ord. No. 3-95, 3-9-95; Ord. No. 02-09, 2-14-02)

Sec. 21-610. - Screening requirements.

(a)

Mechanical equipment.

(1)

Ground- and roof-mounted equipment shall be screened from view from a public street or other public place, from adjacent lots in a residential district, and from an adjacent lot containing a residential use, by one or more of the following:

An element of the building;

A separate permanently installed screen harmonizing with the building in material, color, size and shape; or

A landscape buffer.

(2)

This section shall not apply to heat pumps and air conditioning units for residential uses when the equipment is located in side or rear yards.

(3)

Satellite dishes are separately regulated by section 21-609.

(b)

Storage of material and supplies.

(1)

Storage of materials and supplies incidental to the conduct of a permitted use shall be completely screened by a brick, stone or stucco masonry wall, or a solid wood fence, with the finished side facing the adjacent lot or lots. The required screening shall be erected and maintained by the property owner.

(2)

In lieu of the requirements of section 21-610(b)(1), the planning commission may, at the request of the applicant, approve alternate screening, using the standards contained in article VII, Site Plans. The planning commission shall consider that the screening is to minimize the impact of adverse visual effects on adjacent property.

(c)

Garbage, refuse and recycling containers.

(1)

Residential use. Garbage, refuse and recycling containers for residential use shall be in accordance with chapter 14, Solid Waste.

(2)

Other uses. Garbage, refuse and recycling containers for all other uses shall be screened from view with a fence or wall. Enclosures shall be permitted only in a side or rear yard, and shall be located at least three feet from rear property lines; except that when adjacent to a lot in a residential district, or to a lot containing a residential use, the enclosure shall be located at least 25 feet from the side and/or rear property lines.

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

Sec. 21-611. - Fences and walls.

(a)

Front yards. Fences or walls located in front yards shall not exceed four feet in height.

(b)

Side and rear yards. Fences or walls located in side and rear yards shall not exceed six feet in height. However, in nonresidential districts open fences may be constructed to a height not to exceed eight feet. An open fence is a fence which permits direct vision through at least 90 percent of the vertical fence surface area, e.g., chainlink or woven wire fence without slats.

(c)

Corner lots. Fences or walls located on corner lots shall be subject to section 21-612, Visual obstructions.

(d)

Required fences. The requirements of subsections (a) and (b) above shall not prohibit any fences or walls which may be required for screening, security or safety purposes by other sections of this chapter or Code.

(e)

Colonial Williamsburg historic area CW. Fences or walls located in the Colonial Williamsburg historic area CW which are of the type that would have existed in this area in the 18th century, and which are based upon satisfactory documented historical evidence provided by the applicant, shall be exempt from the requirements of this section.

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

Sec. 21-612. - Visual obstruction.

On a corner lot in any residential district, and in the LB-2, LB-3, LB-4, B-2, B-3, ED, ED-2 and MS Districts, no visual obstruction shall be maintained that blocks a driver's view of potentially conflicting vehicles traveling on the adjacent roadways. The specified areas are known as clear sight triangles whose dimensions depend on the site-specific design speed of the intersecting roadways, roadway grades, and the type of traffic control used at the intersection. Clear site triangle dimensions shall be computed by the guidelines and methods published in the latest edition of the American Association of State Highway and Transportation Officials (AASHTO) publication entitled "A Policy on Geometric Design of Highways and Streets." Written requests for exceptions to this section shall be subject to review and approval by the zoning administrator after consultation with the city engineer.

(Ord. No. 862, 10-10-91; Ord. No. 13-32, 10-10-13)

Cross reference— Visual obstructions to traffic, § 11-12.

Sec. 21-613. - Public utilities.

(a)

The following public utilities shall be permitted uses in all zoning districts: electric distribution facilities such as electric poles, lines, transformers and meters; telecommunication and TV cable distribution facilities such as wires, poles and similar facilities (but not including towers for cellular telephones and TV cable); telecommunication and TV cable switching and relay facilities including cabinetry and pedestals; water and sewer distribution and transmission lines; gas distribution lines and water storage tanks.

(b)

The following public utilities may be permitted with a special use permit approved by the city council in accordance with article II, division 2: electric power distribution substations and transformer stations, high-voltage transmission lines and towers, sewer pump stations not in conjunction with a subdivision or site plan, and transmission pipelines for gas, natural gas and petroleum products.

(c)

Lots used for public utility facilities shall be exempt from the lot area, lot width and yard requirements of the zoning district in which they are located. The zoning administrator may require screening and/or landscaping. All landscape materials shall conform to the minimum size and height standards of section 21-784(c)(5), and the primary landscaping material used shall be evergreen trees and shrubs. Any encroachments into required greenbelts shall not be permitted unless specific approval is granted by the planning commission. Criteria to be used by the planning commission shall include: topography, visibility from the adjacent public street, alternatives to the proposed location, and proposed landscaping.

(Ord. No. 862, 10-10-91; Ord. No. 01-10, 6-14-01)

Sec. 21-614. - Tree regulations.

(a)

Statement of intent.

(1)

This section is intended to protect existing trees in sensitive environmental areas and to encourage and promote the planting and retaining of trees on individual sites. This section is further intended to preserve and enhance the aesthetic character of the community; replenish the urban ecology by preserving trees which absorb carbon dioxide, produce oxygen and cool the environment around impervious surfaces; conserve and protect sensitive environmental resources; enhance erosion and sediment control practices; improve the physical relationships between adjacent properties via sensitive landscaping and buffering; and generally contribute to the health, safety and welfare of the city.

(2)

This section, in conjunction with Article VII, Site Plans and Article VIII, Chesapeake Bay Preservation; Chapter 7, Article II, Erosion and Sedimentation Control; and Chapter 7, Article III, Wetlands; is intended to address management practices for site plans and Chesapeake Bay Protection Areas.

(3)

This section is also intended to support the goals of the Chesapeake Bay Preservation Act and the Comprehensive Plan, and to encourage both the preservation of existing trees and the planting of supplemental trees in environmentally sensitive areas, within designated greenbelts and buffer areas, and as a part of the landscape plan on site plans for development projects.

(b)

Areas of applicability. These regulations shall apply to trees located in the following areas:

(1)

Chesapeake Bay Preservation Areas, as delineated by Article VIII, Chesapeake Bay Preservation and as shown on the Official Zoning Map. The following specific regulations are intended to establish additional criteria for tree removal in the Chesapeake Bay Preservation Areas and to assist in the preservation and enhancement of water quality protection in these areas.

Resource protection areas (RPAs). No tree with a diameter at breast height (DBH) of 12 inches or greater shall be removed unless diseased, dead, dying or a hazard tree; unless the removal is needed for a use allowed to be constructed in an RPA in accordance with Article VIII, Chesapeake Bay Preservation; or unless a modification to the width of the buffer is granted to achieve a reasonable buildable area in accordance with section 21-821(d)(5)b. The board of zoning appeals may grant a special exception, in accordance with section 21-97(f), allowing removal [of] a 12-inch or greater DBH tree or trees if such removal is found necessary to provide for reasonable site lines or vistas. No other trees in the RPA, including dead, diseased, dying or hazard trees, shall be removed unless a tree removal permit, in accordance with section 21-614(c), is issued by the zoning administrator.

Resource management areas (RMAs). No tree with a diameter at breast height (DBH) of 12 inches or greater shall be removed unless in compliance with this section and Article VII, Chesapeake Bay Preservation, section 21-821, Performance standards.

(2)

Greenbelts, as regulated by this chapter, which requires that greenbelts shall be left in an undisturbed natural state unless modifications are approved by the planning commission. Modification shall not materially change the natural character of the designated greenbelt, and any supplemental plantings which are proposed for greenbelts shall be approved by the planning commission. If the greenbelt is located in Chesapeake Bay Preservation Areas (RPAs and RMAs), the provisions of section 21-614(b)(1) shall also apply.

(3)

Uses subject to site plan review, as regulated by Article VII, Site Plans. No tree which is required by section 21-784 Required landscaping, and/or which is shown on a landscape plan approved as a part of the site plan or minor site plan shall be removed unless such removal is in compliance with section 21-784, Required Landscaping, or unless a replacement tree will be planted in accordance with section 21-614(g)(4). This requirement shall not apply to single family detached dwellings on individual lots unless the lot or a portion thereof is located in a Chesapeake Bay Preservation Area (RPAs and RMAs). For land located in Chesapeake Bay Preservation Areas (RPAs and RMAs), the provisions of section 21-614(b)(1) shall also apply.

(c)

Tree removal permits.

(1)

Required. A tree removal permit is required to remove:

Any tree located in a Chesapeake Bay Resource Protection Area (RPA).

Any tree with a diameter at breast height (DBH) of 12 inches or more located in a Chesapeake Bay Resource Management Area (RMA).

Any tree in greenbelt areas regulated by this chapter.

Any tree required by section 21-784 Required landscaping and/or which is shown on a landscape plan approved as part of a site plan or minor site plan (this requirement shall not apply to single family detached dwellings on individual lots).

Any tree required by section 21-784, required landscaping.

(2)

Issuance of tree removal permits. The applicant for a tree removal permit shall file with the zoning administrator a completed application for such permit, signed by the property owner. In determining whether or not to grant or deny the permit, the zoning administrator shall consider the following items:

Whether the tree is diseased, dead or dying.

Whether tree removal is needed for building construction or public improvements.

Whether tree removal in RMA areas is needed for home gardening or landscaping of individual homes.

Whether the tree is a hazard tree, as defined.

Whether the tree interferes with the integrity or proper functioning of streets, highways, sidewalks, sewers or utility installments.

Whether the removal of a tree with a DBH less than 12 inches necessary to provide reasonable site lines, access paths, general woodlot management and/or best management practices in a Chesapeake Bay Resource Protection Area (Chapter 21, Article VIII, section 21-821).

(3)

Tree removal permit exceptions. Tree removal permits, as required by section 21-614(b)(2), shall not be required in the following instances:

Removal of trees authorized by an approved minor site plan, site plan, or subdivision plan.

Emergency work to protect against imminent threats to life, limb or property and emergency repairs.

Installation, maintenance or repair of above ground or underground public utility lines (electric, gas, storm sewer, sanitary sewer, telephone, television cable, water) and stormwater management facilities.

Construction or repair of public streets.

Work on one or more acres of forest land for which a planting, cutting or management plan has been prepared, designed to procure the reproduction of and maintain the growth of young thrifty trees of commercially viable species, and which plan has been submitted to and approved by the state forester previous to the cutting of any trees on the acre or acres concerned.

(g)

Tree planting, replacement and pruning standards.

(1)

Tree selection. Indigenous trees shall be used for required landscaping for site plans, and for supplemental planting in Chesapeake Bay Resource Protection Areas and for greenbelt areas regulated by this chapter. The quality and type of trees selected shall be in accord with the specifications of the American Association of Nurserymen, and the size of the tree shall meet the size requirements of the landscaping standards in the site plan regulations (section 21-784).

(2)

Tree planting. The planting and placement of trees shall be done in accord with the standardized landscape specifications for the state, latest edition, prepared and approved by the Virginia Nurseryman's Association, Inc., Virginia Chapter of the American Society of Landscape Architects, and the Virginia Society of Landscape designers, or the road and bridge specifications of the Virginia Department of Transportation.

(3)

Tree protection. During construction, reasonable efforts shall be made to protect existing indigenous trees, existing trees intended to meet the landscaping requirements for site plans, and trees located in the Chesapeake Bay Resource Protection Area and greenbelt areas regulated by this chapter. Protective barriers shall be put in place around the trees to protect the critical root zones. The minimum radius of undisturbed area shall be determined by multiplying the tree's diameter at breast height (DBH) in inches by one foot (i.e. a six-inch diameter tree would have an undisturbed area radius of six feet), and all construction activities shall be prohibited within this area. All temporary construction activities shall also be prohibited within the minimum undisturbed areas, including all excavating, filling, trenching, construction storage and dumping, and parking of construction equipment/vehicles or employee vehicles. No permanent fill shall be added in the minimum undisturbed area for trees to be preserved under the requirements of this chapter. If fill is necessary for the site, then appropriate tree wells shall be placed around the trees at the edge of the minimum undisturbed area.

(4)

Tree replacement. The zoning administrator shall require an applicant, as a condition of the issuance of a permit as provided by section 21-614(c), to implement a plan for the replacement of the trees to be removed pursuant to the permit, if the trees to be removed were counted toward meeting the landscape and Chesapeake Bay requirements for the site. This plan, to be submitted by the applicant, shall indicate the location, size, quantity and species of replacement trees to be provided. The planting of the replacement trees shall not meet the requirements of section 21-614(g)(2).

(5)

Pruning. Shearing or stubbing of trees is prohibited for trees subject to these regulations. Climbing spikes shall not be used when pruning trees subject to these regulations, unless authorized by the zoning administrator or in cases of emergency. The following definitions shall apply:

Shearing means a pruning technique which removes shoot terminals without selecting individual laterals or buds, as when a hedge or topiary form is maintained.

Stubbing means a pruning technique where main branches are cut to stubs with little regard for their location.

(Ord. No. 23-93, § 2, 8-12-93)

Sec. 21-615. - Inoperative motor vehicles, trailers or semi-trailers.

(a)

It shall be unlawful for any person, firm or corporation to keep any inoperative motor vehicle, trailer or semi-trailer on any lot or parcel of land, other than on land zoned Limited Industrial District I, except within a fully enclosed building or structure or otherwise shielded or screened from view.

(b)

An inoperative motor vehicle, as defined in section 46.2-100 of the Code of Virginia, shall mean any motor vehicle which is not in operating condition or which for a period of 60 days or longer has been partially or totally disassembled by the removal of tires and wheels, the engine, or other essential parts required for the operation of the vehicle, or on which there are displayed neither valid license plates nor a valid inspection decal.

(c)

The provisions of this section shall not apply to a licensed business which on June 26, 1970, was regularly engaged in business as a [an] automobile dealer.

(Ord. No. 2-94, § 13, 1-13-94)

Sec. 21-616. - Building maintenance regulations

(a)

Intent. These regulations, as allowed by § 15.2-2280 of the Code of Virginia (1950), as amended, are established to supplement Volume II, Building Maintenance Code, of the Virginia Uniform Statewide Building Code, and to apply in those instances where the structural integrity of a building is not threatened, but where the lack of basic exterior maintenance will have a detrimental effect on adjacent properties and on surrounding neighborhoods by causing property devaluation and the spread of urban blight. Therefore the following exterior building maintenance requirements are in addition to the requirements of Volume II, Building Maintenance Code, of the Virginia Uniform Statewide Building Code.

(b)

Standards. The exterior of all buildings and accessory buildings or structures shall be maintained in accordance with the following standards, whether or not the building is occupied:

(1)

Painting. All exterior walls and trim that are painted shall be maintained in good repair. In the event that more than 25 percent of the exterior walls and/or trim have peeling or deteriorated paint, the building shall be repainted.

(2)

Rain gutters. Rain gutters and downspouts, whether or not required by the Uniform Statewide Building Code, shall be maintained in good repair and shall be properly attached to the building. Gutters filled with debris that allows the growth of plant material shall be deemed a violation of this section.

(3)

Window, door and porch screens and storm doors and windows. All screens for doors, windows and porches, and storm doors and windows, whether or not required by the Uniform Statewide Building Code, shall be maintained in good repair and in good working condition.

(4)

Shutters. All shutters shall be maintained in good repair, painted, and with proper anchorage.

(5)

Decorative features on buildings located in the AP and CP districts. Decorative features on buildings located in the Architectural Preservation AP and Corridor Protection CP Districts, such as cornices, architraves, shutters, pilasters, columns, balusters, spindlework, cornerboards, wall facings and similar features, shall be maintained in good repair with proper anchorage and in safe condition. Such features shall not be removed unless removal is approved by the Architectural Review Board in accordance with the provisions of Article IX, Architectural Review.

(6)

Exemption for Colonial Williamsburg Historic Area CW. Restorations and/or reconstructions of buildings erected prior to the year 1800, which are maintained in accordance with documented historical and/or archaeological evidence, shall be exempt from the provisions of this section.

(Ord. No. 9-95, § 2, 4-13-95; Ord. No. 14-07, 1-9-14)

Sec. 21-617. - Construction of model homes in new single-family detached, duplex and townhouse subdivisions

(a)

Model homes in new single-family detached, duplex and townhouse subdivisions may be constructed following the approval of the development plan, but prior to the recordation of the final plat, subject to the following:

(1)

The number of model homes allowed shall be limited to five percent of the total number of lots in the subdivision. In calculating the number of model homes allowed, any fraction less than one-half shall be disregarded, and fractions of one-half or over one-half shall be rounded to the next whole number.

(2)

A minor site plan in accordance with section 21-779 shall be required, based on the approved subdivision development plan.

(3)

A foundation survey shall be required, as specified in section 21-779(c). The building location must meet all applicable zoning requirements based on boundaries of the lot when the final plat is recorded.

(4)

No building permit shall be issued until:

It is determined by the zoning administrator that adequate and safe access exists to the model homes. A surface of compacted stone shall be the minimum requirement.

It is determined by the fire department that sufficient access for emergency vehicles is provided, and that there is a sufficient water supply available for fire fighting.

A certified check, or bond with corporate surety or letter of credit approved as to form by the city attorney, is posted by the developer in an amount sufficient to remove the model homes in the event that the final plat for the subdivision is not recorded.

(5)

No temporary or final certificate of occupancy shall be issued for a model home until the final plat is recorded.

(Ord. No. 01-4, 4-12-01)

Sec. 21-618. - Rooming facilities for exchange visitors.

Rooming facilities for exchange visitors may be 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, and subject to the following:

(1)

For the purpose of this section, exchange visitor shall be defined as follows: A foreign national participating in an exchange visitor program and who has entered the United States temporarily on a J-1 visa. A J-1 visa is a non-immigrant visa issued to the exchange visitor pursuant to 8 U.S.C. 1101(a)(15)(J).

(2)

Employer owned facilities. The facility shall be owned and operated by the employer. Exchange visitors must work at least 20 hours per week for the employer while residing at the facility. Length of occupancy shall not to exceed the limitations of stay allowed by the J-1 visa.

(3)

Non-employer owned facilities. A hotel or motel existing on January 11, 2007 may be approved to lease rooms for more than 30 consecutive days to exchange visitors, with length of occupancy not to exceed the limitations of stay allowed by the J-1 visa. Exchange visitors must be employed at least 20 hours per week while residing at the facility. Occupancy shall be limited to exchange visitors only, and shall not include dependents or guests of exchange visitors.

(4)

The duration of the special use permit for employer owned facilities shall not exceed five years; and the duration of the special use permit for non-employer owned facilities shall not exceed one year and shall expire on December 31 of the year issued. Renewal after the initial special use permit approval shall require a special exception approved by the board of zoning appeals in accordance with section 21-97(f), and subject the provisions of section 21-618.

(5)

An on-site supervisor shall be provided 24 hours a day during the occupancy of rooms by exchange visitors. The supervisor shall be responsible for maintaining order on the premises. The name and telephone number of the on-site supervisors shall be provided to the zoning administrator.

(6)

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

(7)

The application for a special use permit shall include: a floor plan showing the location and dimensions of each bedroom (including adjacent bathrooms) to be rented, the location of exits and the location of smoke detectors, the location and type of laundry, kitchen or recreational facilities that are available to the guest workers.

(8)

Each bedroom shall have a minimum floor area of 50 square feet per person, and the maximum occupancy for a bedroom shall be limited to four persons. Each exchange visitor residing in a room shall be provided with a separate bed.

(9)

Internet access shall be provided on the premises for the exchange visitors.

(10)

The operator of the facility shall arrange for an orientation session for the exchange visitors, to be conducted by the Williamsburg Police Department.

(11)

Copies of Form DS-2019 for the exchange visitor shall be retained on file by the operator of the facility, and shall be subject to inspection by the zoning administrator.

(12)

In lieu of the transient occupancy tax, a hotel/motel or an employer owned facility shall pay a fee to the city that is five percent of the rent collected for the rooms leased to exchange visitors.

(Ord. No. 07-09, 1-11-07)

Sec. 21-619. - Increase in residential occupancy for single-family detached dwellings.

(a)

The residential occupancy in a single-family detached dwelling may be increased from three unrelated persons to four unrelated persons with administrative approval by the zoning administrator or his/her designee, and subject to the following:

(1)

The application shall include: a floor plan showing the location, name, dimensions and floor area of all rooms; and a plot plan showing the location of the dwelling, the location of on- and off-site parking, the lot coverage of the driveways and parking areas, and the location of trash and recycling containers.

(2)

The single-family detached dwelling unit shall be the only dwelling unit on the lot.

(3)

The single-family detached dwelling unit shall be located in a rental inspection district that has been established in accordance with Chapter 5, Building and Building Regulations, Article VII, Identification and Inspection of Rental Dwelling Units.

(4)

The dwelling unit shall have a floor area of at least 2,000 square feet of living space, excluding garages, unfinished basements, or other unfinished areas.

(5)

Four parking spaces shall be provided. Parking spaces may be off-street in accordance with Article V, Parking, or located along the frontage of the adjoining public street and contiguous to the lot. The minimum length of a parking space located on an adjoining public street shall be 18 feet, and shall not include curb cuts for driveways.

(6)

Trash and recycling containers shall be enclosed by a fence or wall.

(7)

The requirements of the Virginia Uniform Statewide Property Maintenance Code and the rental inspection program as set forth in Article VII of Chapter 5 (where applicable) shall be met at all times. Said inspection(s) must be complete before a certificate of occupancy is issued for the increase in occupancy.

(b)

Upon the zoning administrator's determination that all of the requirements of subparagraph (a) of this section have been met, the zoning administrator shall provide a conditional certificate of occupancy, at which point, the owner or agent may proceed to lease the property to no more than four unrelated persons. The conditional certificate is intended as a temporary certificate demonstrating that all the pre-occupancy conditions of subparagraph (a) have been met, and shall include an expiration date of no longer than 30 days from the date of the proposed occupancy date in the application, after which time, the dwelling may not be occupied by four unrelated people unless the owner and occupants have satisfactorily completed the additional requirements as hereinbelow provided. The zoning administrator may grant a 30-day extension of the conditional certificate of occupancy upon good cause shown and with a written request by the owner.

(1)

Prior to occupancy, the owner shall provide the zoning administrator with a copy of the written lease for the four occupants containing the names of the occupants, and the telephone numbers for the occupants. Only occupants that are signatories to the lease shall reside in the dwelling. If the occupants of the dwelling change during the duration of the lease, or if a new lease is executed, the owner shall provide the zoning administrator or his/her designee with a copy of the updated lease, and the name and telephone number of the new occupant(s) and the fourth unrelated person shall not occupy the dwelling prior to the new lease and occupant information is provided to the zoning administrator or his/her designee. The owner may redact from the lease the yearly and monthly rental amount prior to submitting the lease to the zoning administrator or his/her designee.

All subleases must be in writing. The sublease must clearly state the name and telephone number of the vacating tenant, the name and telephone number of the new tenant, and must contain the starting and ending date of the sublease. The owner or tenant shall provide a copy of the sublease to the zoning administrator prior to the effective date of the sublease.

The owner or agent shall distribute to each of the occupants a pamphlet provided by the zoning administrator or his/her designee which outlines the requirements of this section at least seven days prior to occupancy of the dwelling by the occupants and shall file with the zoning administrator or his/her designee an affidavit that said pamphlet has been provided to the occupants, including the date of when the pamphlet was provided.

(2)

The zoning administrator or his/her designee shall provide to the owner, and the owner shall return to the zoning administrator or his/her designee a form wherein the occupants acknowledge that they have read and understand and agree to comply with the requirements of the program, which form shall be signed by all of the occupants of the property including new occupants at change of tenancy, and returned to the zoning administrator or his/her designee prior to the occupancy of the dwelling.

(3)

The dwelling shall be inspected by the zoning administrator or his/her designee on an annual basis. The initial inspection shall occur upon occupancy of the property or as soon thereafter as practicable. Subsequent inspections shall occur annually if the property continues to be occupied by more than three unrelated people under this section. The zoning administrator or his/her designee shall arrange to inspect the property with the owner and/or occupants, which inspection shall be permitted by the owner and/or occupants, should the property be occupied at the time of the inspection.

(4)

A certificate of occupancy shall be issued by the zoning administrator or his/her designee when all of the required conditions have been met. The duration of the certificate of occupancy shall not exceed four years, and shall expire on May 31 of the fourth year. Renewal shall require the issuance of a new certificate of occupancy.

(5)

Repeated, founded complaints of excessive noise, litter, or other violations of this chapter, Chapter 12, the Virginia Uniform Statewide Building Code, or the Virginia Statewide Fire Prevention Code, as such are amended from time to time, or other behaviors at the dwelling constituting a nuisance under the City Code and Code of Virginia as amended from time to time, shall be cause for the revocation of the certificate of occupancy granted herein. Complaints shall be deemed to be founded when after an investigation by the police, fire marshal, building inspector, zoning administrator, or other appropriate member of city staff, said member of staff determines that it is more probable than not that the violation has occurred.

(6)

If the zoning administrator or his/her designee receives a complaint that more than the permitted number of occupants are residing at the dwelling, and after investigation the zoning administrator or his/her designee deems the complaint to have been made in good faith, and with reasonable cause, then the zoning administrator shall provide notice to the occupants of the property that an inspection of the property has been scheduled, and provide the time wherein the property shall be inspected. Posting of the notice on the front door of the property by the zoning administrator or his/her designee shall constitute sufficient notice. The zoning administrator or his/her designee will make reasonable efforts to contact the owner and provide the owner with the notice that the property will be inspected. However, failure of the owner to receive notice that the property is scheduled for an inspection shall not cause the inspection to be postponed or cancelled. The occupants of the property shall permit the inspection of every room of the dwelling for the sole purpose of determining the number of people residing at the property. No inspection pursuant to this section shall be conducted by the zoning administrator or his/her designee with less than 24 hours' notice to the occupants that such an inspection has been scheduled.

(c)

If at any time the dwelling does not meet the requirements of the applicable regulations, or the owner, agent or occupants of the property fail to fully comply with the provisions of this section, the certificate of occupancy shall be revoked and the normal occupancy limit of three persons shall be enforced. Any owner or agent, whose certificate under this section has been revoked under this paragraph, shall not be eligible to receive a new certificate for that dwelling for a period of four calendar years. A certificate may be applied for after the four-year period of time, or, an application may be submitted by the owner or agent for that dwelling prior to that four-year period of time if the property has been sold by the previous owner to a third party purchaser in an arms length transaction. The four-year period will continue if such sale was made to a legal entity of which the previous owner or agent has any ownership stake or made to a close family member of the previous owner or agent.

(d)

Notwithstanding the above, no new certificates of occupancy shall be issued for a period of three years, beginning on the date of approval of the ordinance adopting this subparagraph (d). Owners holding a valid certificate of occupancy on such date may apply for renewal of the certificate of occupancy during the three-year period, and the zoning administrator may issue a new certificate of occupancy if all of the requirements of this section are met.

(Ord. No. 09-19, 12-10-09; Ord. No. 10-05, 4-8-10; Ord. No. 21-07, 8-12-21)

Sec. 21-620. - Temporary family health care structures.

(a)

Temporary family health care structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as the caregiver's residence shall be a permitted accessory use in any single-family residential zoning district on lots zoned for single-family detached dwellings; provided, however, that only one such structure shall be permitted on any lot or parcel of land. Except as hereinafter provided, such structures must comply with the requirements of section 21-603 of this Code. No special use permit shall be required.

(b)

For purposes of this section, the following definitions apply:

Caregiver means an adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom the caregiver is caring.

Mentally or physically impaired person means a person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Code of Virginia, § 63.2-2200, as certified in a writing provided by a physician licensed by the Commonwealth.

Temporary family health care structure means a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that: (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia, § 36-70 et seq.) and the Uniform Statewide Building Code (Code of Virginia, § 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be required or permitted.

(c)

Any person proposing to install a temporary family health care structure shall first apply to the city's zoning administrator for a permit. Upon payment by the applicant of a processing fee of $100.00 and provision of sufficient proof of compliance with this section the zoning administrator shall issue the permit which shall expire upon the earlier of: (i) the 12th full calendar month following issuance; or (ii) the first to occur of the cessation of occupancy by the qualifying occupant or of the occupant's qualifying impairment. Prior to the end of each annual permit term, upon the applicant furnishing satisfactory evidence to the zoning administrator that the temporary family health care structure remains on the property and continues to be occupied by the qualifying occupant, such permit shall be extended for an additional 12 months. Such evidence may include the inspection of the temporary family health care structure by the zoning administrator or the administrator's designee. The zoning administrator or his designee may also perform additional inspections at reasonable times convenient to the caregiver as deemed necessary by the administrator to confirm continuing compliance with this section.

(d)

Any temporary family health care structure installed pursuant to this section must connect to the public water, sewer, and electric utilities that are serving the primary residence on the property and must comply with all applicable requirements of the Virginia Department of Health.

(e)

No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property.

(f)

Any temporary family health care structure installed pursuant to this section shall be removed within 30 days in which the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

(g)

The zoning administrator may revoke the permit granted pursuant to subsection (c) if the permit holder violates any provision of this section. Additionally, the zoning administrator as agent of city council may seek injunctive relief or other appropriate actions or proceedings in the circuit court to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of city council to ensure compliance with this section.

(Ord. No. 11-11, 6-9-11)

Sec. 21-621. - Limitation on helicopter landings.

Except as otherwise provided in section 21-257.4, and the provisions of this section, helicopter landings are generally not permitted in the City of Williamsburg. A single landing and departure of a non-commercial helicopter for personal use may be made in the B-2 Corridor Business District, the ED Economic Development District and ED-2 Economic Development District, and the MS Museum Support District, so long as said landing and departure is made in compliance with all applicable Federal Aviation Administration regulations. Except as otherwise provided in section 21-257.4, repeated helicopter landings and departures on the same parcel of land may occur, in all districts, only with the issuance of a special use permit. A special use permit issued for this purpose may be issued only for noncommercial helicopters for personal use, and may contain reasonable conditions necessary for the protection or benefit of owners and occupants of neighboring parcels, including but not limited to compliance with applicable regulations of the Federal Aviation Administration.

(Ord. No. 12-31, 12-13-12)

State Law reference— Code of Virginia, § 15.2-2293.2.

Sec. 21-622. - Food trucks and mobile food units.

The operation of food trucks and mobile food units, when permitted by a specific zoning districts shall be permitted by an administrative permit approved by the zoning administrator subject to the following provisions:

(a)

The applicant shall provide the following to the zoning administrator:

(1)

A copy of a valid Virginia business license.

(2)

A copy of a valid health permit from the Virginia Department of Health stating that the food truck or mobile food unit meets all applicable standards.

(3)

A copy of an approved semi-annual inspection certificate from the Williamsburg Fire Department stating that the food truck meets the requirements of the Virginia Statewide Fire Prevention Code and all applicable standards.

(4)

Applicant shall provide a valid driver's license for each person who will drive the food truck or mobile food unit.

(5)

A $50.00 application fee.

(b)

Applicant shall provide current registration for the food truck or mobile food unit, proof of current motor vehicle inspection, and proof of valid motor vehicle insurance for the food truck or mobile food unit.

(c)

The administrative permit shall be issued for a period not to exceed one year but may be renewed annually upon written request by the operator.

(d)

The following standards and conditions shall apply to all food truck and mobile food unit operations on private property in the City of Williamsburg:

(1)

All food truck and mobile food unit operations in the City of Williamsburg shall comply with the requirements of Sec. 9-422 of Article XIII, Chapter 9;

(2)

The operator must have written documentation of the consent of the owner(s) of the property or properties on which the food truck will be operated;

(3)

Unless otherwise approved, food trucks and mobile food units shall operate only on developed and occupied property and only during the hours when the business establishment on the premises is open for business;

(4)

The Zoning Administrator may approve food trucks remaining on-site for multi-day events or late closings on a case-by-case basis. Unless otherwise approved, food trucks shall be removed from any site when the on-premises establishment closes for the day;

(5)

The Zoning Administrator may approve flags, banners, or other decorative appurtenances, whether attached or detached on a case-by-case basis;

(6)

Food trucks may operate in residential districts in the City, however, said operation is limited to not more than two times per calendar year at any specific residential property, and food trucks must meet the criteria contained in this section for operation in all residential districts;

(7)

Food trucks are prohibited in the Colonial Williamsburg Historic Area CW, except as permitted with an event and located on city streets as permitted by special event permit issued by the City Manager pursuant to Chapter 9, Article II of the Williamsburg City Code;

(8)

Food trucks are permitted at 100 Visitor Center Drive in the Museum Support District MS as shown on the Museum Support food truck overlay map below. They are prohibited in other areas of the Museum Support District.

(e)

The Zoning Administrator may revoke the permit at any time for failure of the permit holder to comply with the requirements of this section and to correct such noncompliance within the timeframe specified in a notice of violation. Notice of revocation shall be made in writing to the permit holder. Any person aggrieved by such notice may appeal the revocation to the Board of Zoning Appeals.

(Ord. No. 16-15A, 11-10-16; Ord. No. 19-02, 1-10-19; Ord. No. 19-09, 5-9-19; Ord. No. 19-17, 9-12-19; Ord. No. 24-09, 9-12-24)

Sec. 21-623. - Duplexes.

(a)

Intent. These regulations are established to allow duplex dwellings existing in residential districts prior to January 1, 2004 to continue to be used as duplex dwellings notwithstanding the owner's ability to demonstrate the existence of a legal nonconforming use, so long as the owner meets certain conditions.

(b)

Continued use of a dwelling as a duplex dwelling, though nonconforming, shall be contingent upon approval of a special exception for such use by the Board of Zoning Appeals, subject to the following conditions:

(1)

The dwelling was being used as a duplex at the time the record owner making application for the special exception purchased the property. Properties transferred after September 1, 2017 and which are transferred from an owner creating the nonconformity shall not qualify for the special exception.

(2)

The dwelling was used as a duplex prior to January 1, 2004 and the use as a duplex has continued without interruption for a period of more than two years thereafter.

(3)

The use of the property as a duplex dwelling will not have an adverse impact on the neighborhood. In determining adverse impact, the Board of Zoning Appeals shall only consider the history of complaints substantiated by the City staff, within the four years prior to the date of the application, for violations of any of the Virginia Uniform Statewide Building Code, the Virginia Statewide Fire Prevention Code, Chapter 12 of the Code of the City of Williamsburg related to nuisance, or the zoning ordinance related to occupancy in excess of the number of unrelated persons permitted to reside in a dwelling unit. Three violations within that four-year period shall be considered a significant number of violations leading to disqualification. Notwithstanding the above, if the Board of Zoning Appeals finds that the violations were fully and appropriately corrected as provided in the notice(s) of violation, they may approve the special exception, provided the applicant meets all of the other qualifications.

(4)

City records do not otherwise clearly establish the property is not legally nonconforming.

(c)

The special exception shall run with the property. A nonconforming use permitted by the special exception may not be expanded.

(d)

The special exception may be revoked by the Board of Zoning Appeals upon a showing that the property has had three or more violations confirmed by City staff of any of the Virginia Uniform Statewide Building Code, the Virginia Statewide Fire Prevention Code, Chapter 12 of the City Code regarding nuisances, or the zoning ordinance regarding the number of unrelated persons permitted to reside in a dwelling unit, within a 12-month period measured backwards from the date of the most recent violation.

(e)

The special exception shall terminate upon the cessation of the property's use as a duplex dwelling for two or more years.

(Ord. No. 17-15A, 8-10-17)

Sec. 21-624. - Small cell facilities.

(a)

Intent. These regulations are established to allow small cell facilities in all zoning districts subject to the conditions contained herein.

(b)

Definitions. As used in this article, unless the context requires a different meaning:

"Antenna" means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

"Base station" means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

"Co-locate" means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. "Co-location" has a corresponding meaning.

"Existing structure" means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality of an agreement with the owner of the structure to co-locate equipment on that structure. "Existing structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

"Micro-wireless facility" means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.

"Small cell facility" means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

"Utility pole" means a structure owned, operated, or owned and operated by a public utility, local government, or the commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television or electricity.

"Water tower" means a water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

"Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul; and (ii) radio transceivers, antennas, coaxial, or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

"Wireless infrastructure provider" means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

"Wireless services" means: (i) "personal wireless services" as defined in 47 U.S.C. § 332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 U.S.C. § 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 U.S.C. § 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

"Wireless services provider" means a provider of wireless services.

"Wireless support structure" means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(c)

Permitted use. Small cell facilities when co-located on an existing structure or utility pole on private property are permitted within all zoning districts of the City of Williamsburg with an administrative permit approved by the zoning administrator. Notwithstanding the above, small cell facilities proposed to be located within an AP or CP district must be approved by the architectural review board pursuant to sections 21-854 and 21-855, in addition to obtaining the administrative permit as provided herein.

(d)

Administrative permit. Small cell facilities shall obtain an administrative permit prior to installing such co-located small cell facilities on existing structures and utility poles located on private property.

(1)

The following information shall be provided for each proposed location as part of the permit application:

The name, trade name, address and email address of the applicant;

Name and address of the property on which the small cell facility is proposed to be located;

A description of the small cell facility to be installed, including dimensions, as well as all ground equipment proposed;

Evidence of approval of property owner for the installation of the small cell facility on the property;

A minor site plan showing the proposed location of small cell facility on the property as required by section 21-779 of this chapter;

All other necessary or required approvals for the installation of the small cell facility, including but not limited to, ARB approval, if required.

Provide certification for each location that it does not interfere with other pre-existing communications facilities or with future communications facilities that have already been designed and planned.

(2)

An application fee of $100.00 for up to five small cell facilities plus $50.00 for each additional small cell facility applied for. No more than 35 locations for small cell facilities may be requested per application.

(3)

Within ten days after receipt of an application, along with a valid email address for the applicant, the zoning administrator shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise the application shall be deemed complete.

(4)

The zoning administrator shall approve or disapprove the application within 60 days of receipt of the completed application, which shall be in writing. The 60-day period may be extended, in writing, for a period not to exceed 30 days. If the zoning administrator fails to either approve or disapprove the application within the initial 60 days or an extended 30-day period, the application shall be deemed approved.

(5)

A proposed location for installation of a small cell facility may be disapproved for the following reasons:

A material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;

Public safety or other critical public service needs;

If the small cell facility is proposed to be installed within an AP and CP District and fails to obtain the necessary approvals of the ARB.

(6)

Nothing shall prohibit an applicant from voluntarily submitting, and the city from accepting any conditions that otherwise address potential visual or aesthetic effects resulting from placement of small cell facilities, provided such conditions comply with applicable law and are approved by the ARB, if required.

(e)

Abandoned facilities. Wireless facilities along with any structures or equipment associated therewith, shall be removed from any property within 60 days upon cessation of use or abandonment.

(f)

The installation, placement, maintenance or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be permitted in all zoning districts, and exempt from the administrative permit requirement and fees herein provided.

(Ord. No. 17-19, 11-9-17)

Sec. 21-625. - Solar energy systems.

The following requirements apply to solar energy systems:

(1)

Solar energy systems shall be installed in compliance with applicable provisions of the USBC and the VSFPC.

(2)

Solar energy systems are not permitted in the Colonial Williamsburg Historic Area CW (Article III, Division 12).

(3)

Solar energy systems not located in the Colonial Williamsburg Historic Area (Article III, Division 12) but are location in an Architectural Preservation District AP (Article IX, § 21-851) and Corridor Protection District CP (Article IX, § 21-852) are subject to review and approval from the Architectural Review Board in accordance with Article IX, Architectural Review.

(4)

Except in the Colonial Williamsburg Historic Area (Article III, Division 12); a solar energy system may be installed on the roof of any building or structure, whether principal or accessory, subject, however to the following:

The height of a solar energy system installed on the roof of a primary building and accessory buildings on the same lot in zoning districts RS-1, RS-2, RS-3, RDT, LB-1, PDC, PDU or Limited Industrial-1, may extend up to five feet above the highest point of the roof of the building or structure on which it is installed.

In all other zoning districts a rooftop solar energy system shall be subject to the same height and area limitations as are stair towers, equipment penthouses, mechanical equipment and screening walls, and shall be set back from the front wall of the building one foot for each foot of height above the roof level.

(5)

Except in the Colonial Williamsburg Historic Area (Article III, Division 12); Architectural Preservation District AP (Article IX, § 21-851) and Corridor Protection District CP (Article IX, § 21-852), a solar energy system may be attached and incorporated as part of any building facade (for example: roof tiles, window shutters, canopies, etc.).

(6)

No ground-mounted solar energy generation facilities shall be permitted.

(7)

Except as provided in paragraph (4)a., above, a solar energy system, together with its support, shall not itself exceed a height of 15 feet unless otherwise required by the USBC or VSFPC for a specific use.

(Ord. No. 18-12, 11-8-18)

Sec. 21-626. - Slope waivers.

City Council may approve encroachments on slopes in excess of 30 percent not qualifying for a waiver pursuant to Section 21-788, with a special use permit. In addition to the criteria contained in Division 2, Special Use Permits in the Zoning Ordinance, the project must contain adequate measures to alleviate any negative environmental impacts of the encroachment, including the following requirements:

(1)

No encroachment into a Resource Protection Area (RPA) is permitted except those uses allowed under section 21-818 of the Zoning Ordinance;

(2)

Submission of a mitigation plan to reduce downstream erosion and to prevent any increase in water pollution for the project.

(3)

Regulate stormwater runoff for the project at the source to protect against and minimize water pollution and the deposition of sediment from the proposed development to tributaries, buffers areas and other sensitive environmental lands.

(4)

For redevelopment projects, the post development plan shall:

Meet the water quality requirements for new development where the total phosphorus load shall not exceed 0.41 pounds per acre per year, as calculated pursuant to 9VAC25-870-65; and

Discharge the maximum peak flow rate from the post-development one-year, 24-hour storm in accordance with the following methodology:

QDeveloped ≤ 0.7* (QPre-developed* RVPre-developed)/RVDeveloped

Under no condition shall QDeveloped be greater than QPre-developed nor shall QDeveloped be required to be less than that calculated in the equation 0.9* (QForest * RVForest)/RVDeveloped; where

QDeveloped = The allowable peak flow rate of runoff from the developed site.

RVDeveloped = The volume of runoff from the site in the developed condition.

QPre-Developed = The peak flow rate of runoff from the site in the pre-developed condition.

RVPre-Developed = The volume of runoff from the site in pre-developed condition.

QForest = The peak flow rate of runoff from the site in a forested condition.

RVForest = The volume of runoff from the site in a forested condition.

Prior to Council's consideration, the city's stormwater manager program administrator must review and submit a recommendation on the mitigation plan.

(Ord. No. 20-15, 9-10-20)