ORD-3259 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 AN ORDINANCE TO AMEND SECTIONS 111, 203, 901 AND 1521, REPEAL SECTION 233.3, AND ADD SECTION 239.03 OF THE CITY ZONING ORDINANCE, DEFINING THE TERM OPEN AIR MARKETS, DELETING THE TERM FLEA MARKETS, ADDING OPEN AIR MARKETS AND DELETING FLEA MARKETS AS CONDITIONAL USES IN THE B-2, B-3, B-3A, B-4, B-4C AND RT-3 DISTRICTS AND ESTABLISHING OFF-STREET PARKING REQUIREMENTS FOR OPEN-AIR MARKETS Sections Amended: City Zoning Ordinance Sections 111, 203, 901 and 1521 Section Repealed: City Zoning Ordinance Section 233.3 Section Added: City Zoning Ordinance Section 239.03 WHEREAS, the public necessity, convenience, general welfare and good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, 203, 901 and 1521 of the City Zoning Ordinance are hereby amended and reordained, new Section 239.03 of the City Zoning Ordinance is hereby added, and Section 233.3 of the City Zoning Ordinance is hereby repealed, to read as follows: ARTICLE 1.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,
37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 association, or corporation. In addition, the following terms shall be defined as herein indicated: Flea market. An open-air market for the retail sale of new or used merchandise, whether operated by a single vendor or composed of stalls, stands or spaces which are rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event. Open-air market. An outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event. ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET PARKING AND OFF-STREET LOADING 2
76 Sec. 203. Off-street parking requirements. 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 (a) The following specified uses shall comply with the off-street parking requirements designated therefore therefor: (29) Retail establishments, including beverage manufacturing shops, flea and open-air markets: One space per two hundred fifty (250) square feet of floor area; C. CONDITIONAL USES AND STRUCTURES Sec. 233.3. - Flea markets. [Reserved] (a) Applications for conditional use permits shall include, in addition to the information required by section 221 of this ordinance, the following information: (1) A plan depicting the layout of the site, including dimensions, of the sales area, accessways, parking areas and location of trash receptacles; (2) Specific days and hours of operation requested; and (3) The means, such as stalls, tables or other structures, by which merchandise is to be displayed. (b) In addition to any other standards or requirements of this ordinance, flea markets shall be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit: (1) Vehicular parking shall be provided on-site and shall comply with the provisions of section 203 of this ordinance; (2) There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate; (3) Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business; (4) Operation shall be restricted to the time between 9:00 a.m and 5:00 p.m., unless otherwise specified in the conditional use permit; and (5) The operation shall not disturb the tranquility of residential areas or other 3
109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. (c) The city council may impose any other condition it deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring areas. Sec. 239.03. Open-air markets. (a) Applications for conditional use permits shall include, in addition to the information required by section 221 of this ordinance, the following information: (1) A plan depicting the layout of the site, including dimensions, of the sales area, accessways, parking areas and location of trash receptacles; (2) Specific days and hours of operation requested; and (3) The means, such as stalls, tables or other structures, by which merchandise is to be displayed. (b) In addition to any other standards or requirements of this ordinance, openair markets shall be subject to the following requirements, which shall be deemed to be conditions of the conditional use permit: (1) Vehicular parking shall be provided on-site and shall comply with the provisions of section 203 of this ordinance; (2) There shall be no less than one (1) trash receptacle per one thousand (1,000) feet of sales area, all trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall be not be allowed to accumulate; (3) Merchandise, stalls or other materials shall not be stored outdoors while the use is not open for business; (4) Operation shall be restricted to the time between 9:00 a.m and 5:00 p.m., unless otherwise specified in the conditional use permit; and 4
149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 (5) The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic or overflow parking. (c) The city council may impose any other condition it deems necessary or appropriate to minimize noise or other potential adverse effects upon neighboring areas. Sec. 901. - Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Flea markets X X C C C C C X Open-air markets X X C C C C C X ARTICLE 15. RESORT TOURIST DISTRICTS C. RT-3 RESORT TOURIST DISTRICT Sec. 1521. - Use regulations. (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures 5
189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. Use RT-3 Flea markets C Open-air markets C Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 th day of August, 2012. 6