ORD-3310
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AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE
SECTION
111
(FLOODPLAIN
DEFINITIONS), SECTION 200 (LOTS AND
FLOODPLAINS), SECTION 202 (HEIGHT AND
FLOODPLAINS), SECTION 238 (MOBILE HOMES
AND
FLOODPLAINS),
SECTION
240
(RECREATIONAL
CAMPGROUNDS
AND
FLOODPLAINS),
SECTION
1124
(PLAN
DEVELOPMENT, PD-H2 AND FLOODPLAINS) AND
SECTION 2105 (WORKFORCE HOUSING AND
FLOODPLAINS)
Sections Amended:
City Zoning Ordinance §§ 111, 200, 202, 238,
240, 1124 and 2105
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 200, 202, 238, 240, 1124 and 2105 of the City Zoning
Ordinance are hereby amended and reordained to read as follows:
ARTICLE 1. GENERAL PROVISIONS
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present tense shall include
the future; words used in the singular number include the plural and the plural the
singular; the use of any gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes only the area
described as being above mean sea level; and the word "person" includes an individual,
a partnership, association, or corporation.
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Approximated floodplain. The area for which no detailed flood profiles or
elevations are provided, but where a one hundred-year floodplain(1) percent annual
chance floodplain boundary has been approximated as set forth in the Floodplain
Ordinance (Appendix K).
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Base flood. The flood having a one (1) percent chance of being equaled or
exceeded in any given year; also referred to as the one hundred (100) year flood.
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Flood insurance study. The flood insurance study for the City of Virginia Beach
prepared by the United States Federal Emergency Management Agency (FEMA), dated
August 18, 1992, and subsequent revisions as further set forth in section 5B of the Site
Plan Ordinance (Appendix C). A report by the Federal Emergency Management Agency
(FEMA) that examines, evaluates, and determines flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation, and
determination of mudflow or flood-related erosion hazards.
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Floodplain. Any land area susceptible to being inundated by water from any source
and floodplains subject to special restrictions as defined in Appendix K, section 4.10..
That land area adjoining a river, stream, watercourse, ocean, bay, or lake, which is
subject to inundation. Floodplains shall be determined as the land situated below the
elevation of:
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Flood fringe. The relatively flat area or low lands adjoining a floodway which has
been or may infrequently be covered by flood water.
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(a) That recorded by the maximum elevation of the flood water of record;
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(b) The intermediate flood level as determined by the U.S. Army Corps of
Engineers; or
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(c) The flood level as determined by the department of public works, whichever is
greater.
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Any changes in the delineation of the intermediate flood level are subject to approval by
the federal insurance administrator.
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Floodway. A natural watercourse with definite bed and banks to confine and
conduct flood flows. Floodway lines must be established in such a manner that some
loss of storage and hydraulic conveyance attributable to guiding future development
outside the floodway will not increase flood heights more than applicable regulatory
standards. Pending floodway delineations from a storm drainage master plan, minimum
natural floodways shall be identified by the city soil scientist. As a minimum, the
floodway is as shown in the flood insurance study and accompanying maps. The
channel of a river or other watercourse and the adjacent land areas that shall be
reserved to discharge the base flood without cumulatively increasing the water surface
elevation more than one (1) foot. The “floodway” may also be referred to as the
“regulatory floodway.”
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One hundred-year flood. The flood having a one (1) percent chance of being
equaled or exceeded in any given year, also referred to as "base flood" or intermediate
level flood.
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Regulatory floodway. The channel of a river or other watercourse and the
adjacent land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than a designated height.
Also, as set forth in section 5B of the Site Plan Ordinance (Appendix C).
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Special flood hazard area. The land in the floodplain subject to a one (1) percent
or greater chance of being flooded in any given year as set forth in the Floodplain
Ordinance (Appendix K).
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ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
ALL DISTRICTS
A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET
PARKING AND OFF-STREET LOADING
Sec. 200. Lots.
(a)
Density, lot coverage, floor area ratio and lot area. For purposes of
determining allowable dwelling unit or lodging unit density, lot coverage, floor area ratio
and minimum lot area requirements, the following shall be included:
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(1)
Public and private utility easements, so long as the total width of the
easement is twenty (20) feet or less;
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(2)
Easements for ingress and egress in favor of others;
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(3)
Flood fringes Special Flood Hazard Areas;
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(4)
Manmade drainage areas and the easements over them constructed
primarily for storage and retention of stormwater runoff on the lot and
conveyance from the lot except that only the first ten (10) feet of such
areas closest to their boundary shall count toward minimum lot size
requirements;
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(c)
Floodplains subject to special restrictions pursuant to section 5B.5(c) 4.10
of the Site Plan Ordinance Floodplain Ordinance (Appendix CK) shall not be included in
determining minimum lot area requirements.
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Sec. 202. Height regulation.
(a) Except as otherwise provided in the Oceanfront Resort District Form-Based
Code, whenever height limits for buildings and other structures are established, no
portion of any building or other structure shall extend above such height limits, except
residential chimneys, communication towers, broadcasting towers, radio or television
antennas, spires, flagpoles, water tanks, roof-mounted wind energy conversion systems
or monuments otherwise approved for erection; provided, however, that smokestacks
may also extend beyond such limits, if they do not exceed in height the distance to the
nearest lot line; and further provided that one tower for purposes of an amateur radio
station operation, which may contain multiple antennas, may extend beyond said height
limits but shall not exceed ninety (90) feet in height above ground elevation. Singlefamily dwellings, multi-family dwellings and duplexes that are raised or constructed to
comply with the requirements of Appendix K, Floodplain Ordinance, may exceed the
height requirements for the Zoning District in which they are located by two (2) feet.
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C. CONDITIONAL USES AND STRUCTURES
Sec. 238. Mobile homes.
(I) Mobile home parks shall be subject to the following conditions:
(a) Minimum allowances. In districts where allowable, minimum area for a mobile
home park shall be twenty-five (25) acres. Streets, other than alleys and
service entrances used for general vehicular entrances, and exits shall be sixty
(60) feet; for portions containing lots for buildings generally open to occupants,
minimum front yard dimension shall be two hundred (200) feet. Minimum
number of lots completed and ready for occupancy before first rentals are
permitted shall be one hundred (100).
(b) Tract. The mobile home park shall comprise a single tract except where divided
by public streets or alleys or where the total tract includes separate parcels for
necessary utility plants, maintenance or storage facilities with appropriate
access to the park. All lands involved shall be so dimensioned and related as to
facilitate efficient design and management. Density shall not exceed seven (7)
units per gross acre. Any mobile home park located in a floodplain shall also be
subject to the provisions of section 5B of the Site Plan Ordinance Floodplain
Ordinance (Appendix CK) of the City of Virginia Beach. For purposes of
floodplain management, the terms "mobile home," "mobile home park" and
"mobile home subdivision" shall have the same definitions as the terms
"manufactured home" and "manufactured home park or subdivision,"
respectively, as set forth in section 5B of the Site Plan Ordinance Floodplain
Ordinance (Appendix CK) of the City of Virginia Beach.
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Sec. 240. Recreational campgrounds.
Recreational campgrounds shall be subject to the following conditions:
(a) Physical character of site. Condition of soil, groundwater level, drainage and
topography shall not create hazards to the property or the health or safety of
the occupants. The site shall not be exposed to objectionable smoke, noise,
odors, or other adverse influences, and no portion subject to unpredictable
and/or sudden flooding, subsidence or erosion shall be used for any purpose
which would expose persons or property to hazards. Recreational
campgrounds located within floodplains shall also be subject to the provisions
of section 5B of the Site Plan Ordinance Floodplain Ordinance (Appendix CK)
of the City of Virginia Beach.
ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS
B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT
Sec. 1124. PD-H2 land use plan.
The land use plan shall provide for development of the property within the PD-H2
District in a manner which is compatible with the development and zoning of the land
adjacent to the district. The land use plan shall show how the proposed development of
the property would differ from that which would otherwise be permitted in the underlying
zoning district and the public benefit to be gained by developing the property in a PD-H2
District.
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The land use plan shall provide the following:
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(a) Location of proposed streets;
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(b) Proposed number of dwelling units;
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(c) Total acreage of the site;
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(d) Proposed housing types, location of areas devoted to each housing type,
acreage and number of units for each such area, and the minimum lot size
proposed for each area and housing type;
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(e) Location and nature of other proposed uses;
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(f) Location of proposed open spaces, public sites, and recreational areas, nature
of recreational facilities proposed, means of maintenance of such and acreage
of each site;
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(g) Regulations governing the height, setback requirements, off-street parking
requirements and sign restrictions for each area within the PD-H2 project;
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(h) Location and acreage of floodplain, flood fringe special flood hazard areas,
floodway and wetlands.
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When adopted, the PD-H2 land use plan shall serve as a supplement to and,
where they conflict, as a replacement for, the zoning regulations of the underlying
district. The land use plan shall not, however, supplement or replace any of the
requirements of the subdivision ordinance (Appendix C) or the Floodplain Ordinance
(Appendix K).
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Sec. 2105. Applications; Workforce Housing Overlay District Land Use Plan.
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(a)
In addition to any other information generally required for rezoning
applications, applications for the Workforce Housing Overlay District shall contain the
following information:
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ARTICLE 21. WORKFORCE HOUSING
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(1)
A survey of existing site conditions, including trees, contours, floodway,
flood fringe Special Flood Hazard Areas, waters, wetlands and other
natural features;
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Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th day of
November, 2013.
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