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 Virginia Beach
 Code of Ordinances
 Appendix A. ZONING ORDINANCE
 Article 5. RESIDENTIAL DISTRICTS

  § 501. Use regulations.  

Latest version.

  • (a)

    Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential 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.

    Residential Districts
    Uses R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
    Agricultural and horticultural uses except for the keeping of poultry, livestock, fish ponds and fish hatcheries P P P P P P P P P P
    Borrow pit C C C C C C C C C C
    Cemetery, columbarium, crematory and mausoleum C C C C C C C C C X
    Child care centers and child care education centers in conjunction with public or private elementary schools P P P P P P P P P P
    Colleges and universities, public P P P P P P P P P P
    Columbarium located in cemetery P P P P P P P P P X
    Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207 P P P P P P P P P P
    Communication towers other than those meeting the requirements of section 232(j) and temporary communication towers other than those meeting the requirements of section 207 C C C C C C C C C C
    Community centers C C C C C C C C C C
    Commuter or satellite parking when conducted in conjunction with another conditional use for which a minimum of thirty (30) parking spaces is required C C C C C C C C C C
    Day-care centers and child care education centers in religious uses C C C C C C C C C C
    Dormitories, student provided that they are located within a one mile radius of an established college or university C C C C C C C C C X
    Dwellings, attached X X X X X X X X X P
    Dwellings, duplex X X X X X X P P X X
    Dwellings, semidetached X X X X X X P P X X
    Dwellings, single-family P P P P P P P P P X
    Family day-care homes C C C C C C C C C C
    Foster homes C C C C C C C C C C
    Flex suites, subject to the provisions of section 507 P P P P P P P P P X
    Fraternity and sorority houses provided that they are located within a one-mile radius of an established college or university C C C C C C C C C X
    Golf courses, nonilluminated, including par 3 but not miniature, with a minimum area of 10 acres, together with such uses which are incidental to golf courses, provided that such uses shall be designed and scaled to meet only the requirements of the members, guests, or users of the golf course, and no signs or other indications of such uses shall be visible from any public way C C C C C C C C C C
    Group homes C C C C C C C C C C
    Home-based wildlife rehabilitation facilities C C C C C C C C C X
    Home occupation C C C C C C C C C C
    Home sharing meeting the requirements of section 209.6 P P P P P P P P P P
    Horse stables, including barns or other structures built for the purpose of boarding horses, provided that no stable or barn shall be located within 300 feet of a property line C X X X X X X X X X
    Hospitals and sanitariums X X X C C C C C C X
    Housing for seniors and disabled persons X X X C C C C C C X
    Kennels, residential C C C C C C C C C X
    Marinas, noncommercial and community boat docks C C C C C C C C C C
    Museums and art galleries, private C C C C C C C C C C
    Personal watercraft rentals C C C C C C C C C
    Private sewage treatment facilities C C C C C C C C C C
    Public parks, recreational areas, botanical and zoological gardens, and other public buildings and uses P P P P P P P P P P
    Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings P P P P P P P P P P
    Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council, except that riding academies and recreational campgrounds shall not be allowed. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty (20) percent of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit C C C C C C C C C C
    Religious uses C C C C C C C C C C
    Residential care for seniors, provided that no more than two (2) employees including a bona fide resident of the dwelling shall be permitted P P P P P P P P P X
    Schools, private when having academic curriculums similar to public schools C C C C C C C C C C
    Schools, public P P P P P P P P P P
    Short term rental C C C C C C C C C C
    Short term rental within the Sandbridge Special Service District* P P P P P P P P P P
    Short term rental within a STR Overlay District P P P P P P P P P P
    Small wireless facilities not placed on existing structures C C C X X X X X X X
    Storage or maintenance installation for public utilities C C C C C C C C C C
    Television or other broadcasting stations C C C C C C C C C C
    Theaters for live production C C C C C C C C C C
    Wind energy conversion systems, freestanding, except as provided below P P P P X X X X X X
    Wind energy conversion systems, freestanding, in excess of one (1) C X X X X X X X X X
    Wind energy conversion systems, roof-mounted, except as provided below P P P P P P P P P X
    Wind energy conversion systems, roof-mounted, in excess of one (1) C C C C C X X X X X
    *Sandbridge Special Service District defined in City Code section 35.1-3.

     

    (b)

    Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures and where such accessory structures do not exceed the height of the principal structure and, in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred (500) square feet of floor area or twenty (20) percent of the floor area of the principal structure, whichever is greater. In the R-30 and R-40 residential zoning districts, accessory uses and structures shall not exceed thirty (30) percent of the floor area of the principal structure. Such accessory uses and structures include but are not limited to:

    (1)

    Detached guest house and limited use accessory dwelling unit within the R-40 District only;

    (2)

    Bees;

    (3)

    Swimming pools, boat houses, piers, etc.;

    (4)

    In connection with agricultural use, no more than one roadside stand for sale of agricultural products produced on the premises; provided that no such stand shall exceed five hundred (500) square feet in floor area nor be erected within twenty (20) feet of the property line fronting any street;

    (5)

    An accessory activity operated for profit in a residential dwelling unit where (i) there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated sign not more than one (1) square foot in area mounted flat against the residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (iii) the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; (iv) such activity is conducted only in the principal structure on the lot; (v) there are no sales to the general public of products or merchandise from the home; and (vi) the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. Notwithstanding the provisions of clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons authorized by law to perform the rites of marriage may permit a maximum of eight (8) persons on the premises at any one time in connection with the performance of such rites, provided that all other requirements of subdivision (b)(5) are met. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments.

    (6)

    Temporary family health care structures, in accordance with the provisions of section 209.2.

    (7)

    Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

    (c)

    Special restrictions in Accident Potential Zone 1 (APZ-1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless such use is designated as Compatible in APZ-1 or the Clear Zone, as the case may be, in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of section 1804; provided, however, that any use or structure not designated as Compatible shall be permitted as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure.

    (Ord. No. 2002, 9-18-90; Ord. No. 2111, 1-14-92; Ord. No. 2161, 6-23-92; Ord. No. 2268, 6-14-94; Ord. No. 2368, 1-9-96; Ord. No. 2459, 10-28-97; Ord. No. 2463, 12-16-97; Ord. No. 2495, 6-23-98; Ord. No. 2513, 10-27-98; Ord. No. 2566, 11-23-99; Ord. No. 2627, 4-24-01; Ord. No. 2704, 6-25-02; Ord. No. 2907, 12-20-05; Ord. No. 2922, 2-14-06; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3111, 11-24-09; Ord. No. 3137, 5-25-10; Ord. No. 3147, 7-13-10; Ord. No. 3150, 9-14-10; Ord. No. 3211, 12-6-11; Ord. No. 3403, 4-21-15; Ord. No. 3441, 4-19-16; Ord. No. 3442, 4-19-16; Ord. No. 3468, 12-6-16; Ord. No. 3477, 12-13-16; Ord. No. 3514, 7-11-17; Ord. No. 3526, 12-12-17; Ord. No. 3578, 1-15-19)

(Ord. No. 2002, 9-18-90; Ord. No. 2111, 1-14-92; Ord. No. 2161, 6-23-92; Ord. No. 2268, 6-14-94; Ord. No. 2368, 1-9-96; Ord. No. 2459, 10-28-97; Ord. No. 2463, 12-16-97; Ord. No. 2495, 6-23-98; Ord. No. 2513, 10-27-98; Ord. No. 2566, 11-23-99; Ord. No. 2627, 4-24-01; Ord. No. 2704, 6-25-02; Ord. No. 2907, 12-20-05; Ord. No. 2922, 2-14-06; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3111, 11-24-09; Ord. No. 3137, 5-25-10; Ord. No. 3147, 7-13-10; Ord. No. 3150, 9-14-10; Ord. No. 3211, 12-6-11; Ord. No. 3403, 4-21-15; Ord. No. 3441, 4-19-16; Ord. No. 3442, 4-19-16; Ord. No. 3468, 12-6-16; Ord. No. 3477, 12-13-16; Ord. No. 3514, 7-11-17; Ord. No. 3526, 12-12-17; Ord. No. 3578, 1-15-19)