Staff Report TO: FROM: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA RE: Application #ZON-BZA Carawan Lane Hearing Date: Febr

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6 Staff Report TO: FROM: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA RE: Application #ZON-BZA Carawan Lane Hearing Date: February 28, 2019, continued from January 24, 2019, December 13, 2018 and October 25, 2018 Application #ZON-BZA David & Hannah Spring, property owners, 365 Carawan Lane, pursuant to Section of the Chesapeake Zoning Ordinance, appealing a Notice of Violation dated August 01, 2018 that the use of the dwelling on the property for Air B & B vacation room rentals is not permitted in a residential district. The property is further identified as Near Great Bridge Parcel B 0.30 Acre, Real Estate Parcel No , Zoning: R-15s, residential. Background Information: The applicant is appealing a Notice of Violation dated August 01, 2018 for a zoning violation that the use of the dwelling on the property for vacation room rentals is prohibited. Staff Analysis and Recommendation: The Board of Zoning Appeals is authorized under Section of the Code of Virginia and Section et seq. of the Chesapeake Zoning Ordinance to hear appeals from any order, requirement, decision or determination made by the Zoning Administrator in the interpretation, administration or enforcement of the Zoning Ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the Zoning Administrator was correct in the interpretation and application of the Zoning Ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event, shall the BZA substitute its judgment for that of the City Council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the Zoning Administrator is presumed to be correct, with the burden being upon the applicant to demonstrate the error.

7 Section of the Zoning Ordinance requires that the decision of the BZA be supported by findings of fact and a conclusion that the decision of the Zoning Administrator is, (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. In exercising this authority the BZA may, in conformity with the provisions of the ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. Based upon staff observations and research of the property, the Notice of Violation was issued correctly. As such, staff respectfully requests that the Board uphold the August 01, 2018 violation notice without modification. EXCERPTS FROM THE ZONING ORDINANCE Bed and breakfast/tourist home establishments General restrictions. A. Zoning districts. Bed and breakfast/tourist home establishments shall be permitted as a conditional use in the A-1 agricultural district and in the historic and cultural preservation overlay district ("HC district") only. B. Permitted as principal or accessory use in agricultural district. Bed and breakfast/tourist home establishments in the A-1 agricultural district may be conducted as either a principal or accessory use of the property. C. Permitted only as accessory use in HC district. Bed and breakfast/tourist home establishments in the HC district may only be operated as an accessory use to the principal residential use of a single-family dwelling. D. Residence and ownership requirement in HC district. Any single-family dwelling located in the HC district and used as a bed and breakfast/tourist home establishment must be the principal residence of the owner. Said owner-occupant shall be the record owner of not less than fifty (50) percent interest of the property or be a joint owner with members of the owner's family. The requirements of this subsection shall not apply in the A-1 Agricultural District. (Ord. No. 01-O-098, ) Conditional use permit requirement. A. Permit required. A bed and breakfast/tourist home establishment shall be allowed in the A-1 agricultural district or HC district only upon the issuance of a conditional use permit in accordance with the requirements of article 17 of this zoning ordinance. B. Permit void upon transfer of property ownership. Any conditional use permit granted to authorize such an operation shall become void upon the transfer of ownership of the property, or at such earlier time as city council may expressly require. (Ord. No. 01-O-098, )

8 Standards. In addition to any conditions which may be made part of any conditional use permit granted for a bed and breakfast/tourist home establishment, the following standards shall apply: A. Maximum use of building specified. The conditional use permit granted by the city council shall specify the maximum number of bedrooms and the maximum percentage of the gross floor area of the building that is to be devoted to the operation. B. Maximum stay by guests. The maximum stay for any guest of such an operation shall be ten (10) days within any thirty-day period. The owner/operator shall keep a current guest register, including names, addresses and dates of occupancy of all guests. Such information must be maintained for at least one (1) year from date of entry and shall be available for inspection by the zoning administrator. C. Off-street parking. One off-street parking space shall be provided for each bedroom devoted to the operation. All such off-street parking shall be located behind the established front building line of the residence. Off-street parking in the established secondary front yard of corner lots, as defined in section B. of this ordinance, shall only be permitted upon express approval by city council. All parking spaces required under this subsection shall be screened from view from public rights-of-way and abutting properties in a manner approved by city council. City council may approve alternative parking surfaces in accordance with section of this ordinance. D. No alterations from residential character of property. No alterations to the exterior appearance of the building or any accessory structure or to the premises shall be made which change the residential character of the property. E. Landscaping. Landscaping meeting the requirements of buffer yard F, as described in article 19 of this zoning ordinance shall be provided along all street frontages with supplemental planting of small trees (as defined in the Chesapeake Landscape Specifications Manual) as required by the director of development and permits, or designee, and shown on an approved landscape plan. City council may waive, modify or increase the street frontage buffering as part of the conditional use permit. F. Accessory uses and structures. In the HC district, only those accessory uses, structures or buildings which are incidental and subordinate to a single-family detached dwelling shall be permitted in conjunction with a bed and breakfast/tourist home establishment. G. Signage. Signage shall be limited to that authorized for home occupations under section (i) of this zoning ordinance. H. [Principal buildings.] In the HC district, no bed and breakfast/tourist home establishment shall be authorized in any principal building constructed on or after November 15, 2001, (effective date of TA-Z-01-18). I. Compliance with other regulations. The operation shall be conducted in accordance with all state laws and regulations pertaining to bed and breakfast/tourist home establishments. (Ord. No. 01-O-098, ; Ord. No. 10-O-127, ). 3

9 STANDARDS FOR APPEALS Appeals from decisions of the zoning administrator In general. The board of zoning appeals is authorized to hear appeals from any order, requirement, decision or determination made by the zoning administrator in the interpretation, administration or enforcement of this ordinance. In this capacity, the board exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the board shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event however, shall the board substitute its judgment for that of the city council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. (Ord. No. 00-O-116, ) Extent of board's appeal powers; findings required. A. Action by board. In exercising the authority herein granted the board may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. B. Required findings and conclusions. Any decision of the board shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was: (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. 4

PLANNING COMMISSION VERSION

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 PLANNING COMMISSION VERSION AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 601,