§ 4.4. Lots.
(a)
Lot size, width, depth, shape and orientation and minimum building setback lines shall be appropriate for the location of the subdivision and the type of development and use contemplated.
(b)
Except where created by governmental action, lots created by subdivision must meet all requirements of the zoning ordinance.* However, existing lots which fail to conform to present applicable zoning regulations may also be resubdivided to less than current minimum zoning standards where the following apply: []
(1)
The existing lots have been legally created; and
(2)
The resulting lots conform to applicable requirements in each respect that the existing lots conform, and in those respects that the existing lots do not conform, no greater degree of nonconformity than that already present would result.
(c)
Corner lots must meet the following requirements:
(1)
Corner lots shall be platted not less than ten (10) feet wider than the minimum required by the zoning ordinance* for interior lots in the district, except that no such increase shall be required where minimum lot width for interior lots is one hundred twenty-five (125) feet or more. []
(2)
Notwithstanding any other requirement to the contrary, the street frontage of any corner lot platted in the B-1 through B-4 Business Districts, the H-1 Hotel District, the O-1 and O-2 Office Districts, the I-1 and I-2 Industrial Districts and located at the intersection of two (2) streets, either of which is shown on the master street and highway plan as a four-laned undivided roadway or greater, shall adhere to the following requirements:
(i)
The street frontage shall be shown with the no-ingress-egress easement with access guaranteed the site only through adjoining parcels; or
(ii)
On the side of the lot departing the intersection, the lot shall have at least two hundred ten (210) feet of frontage on the street on which it abuts and has access, as well as designation of space for a right turn lane in substantial accordance with Figure 1 below; and on the side of the lot approaching the intersection, the lot shall have at least one hundred fifty (150) feet of frontage on the street on which it abuts and has access, as well as designation of space for a right turn lane in substantial accordance with Figure 1 below; or
(iii)
Any combination of (i) or (ii) may be utilized. Where such a combination is utilized, access through adjoining parcels may not be required.
(iv)
For any frontage of such lot not abutting a street shown on the master street and highway plan as a four-line undivided roadway or greater, such frontage shall be exempt from the requirements in (i), (ii) and (iii) above.
(v)
Whenever designation of space for a right turn lane is made in accordance with these requirements, dedication and improvement of the space shall be made in accordance with the need generated.
(d)
Each lot created in a subdivision shall have direct access to a public street.
(e)
Double frontage and reversed frontage residential lots shall in general be avoided except where essential to provide residential separation from traffic arteries or to overcome other disadvantages of orientation or topography. Where the side or rear of a residential lot abuts a major right-of-way ninety (90) feet or more in width as shown in the master street and highway plan, there shall be located on the lot along the right-of-way line Category VI screening in accordance with the Virginia Beach Landscaping, Screening and Buffering Standards and Specifications. There shall be no right of ingress or egress across such buffer.
(f)
Side lot lines shall be substantially perpendicular or radial to street lines, and shall not vary from the perpendicular or radial by more than thirty (30) degrees. However, greater variation than thirty (30) degrees is permissible if such variation has no bearing on whether the lot meets the minimum lot width requirements of the zoning ordinance.
(g)
Where utility or other easements are involved, lot lines shall be so arranged with respect to such easements as to permit efficient installation of the utilities without unnecessary irregularities in alignment.
(h)
No lot shall be recorded for residential or other use unless the land is suitable for the use permitted by the zoning ordinance† and intended for the land. Among other considerations, suitability shall include freedom from extraordinary flooding or storm hazard and adverse soil and ground water conditions. []
(i)
Any lot created by subdivision which meets the area and dimensional requirements of some of the uses in the zoning district in which it is located, but not all uses, and is thus restricted by the zoning ordinance as to use, shall have such restriction clearly noted on the plat.
(j)
Each plat of any area adjacent to a tidal shoreline or drainageway on which for any lot along the banks thereof there is a slope of eight (8) percent or greater shall contain a statement as follows: "Further development of these lots including any filling or physical alteration of the lots may require additional permits from the City of Virginia Beach or other governmental agencies."
(k)
If highly erodible soils are existing, as determined by the city soil scientist on any lot within or adjacent to floodplains, then the plat creating such lot shall contain a statement as follows: "Due to the high erodibility of the soils existing within or adjacent to floodplains, removal of existing vegetation or alteration of existing contours may accelerate erosion and may require additional permits from the City of Virginia Beach or other governmental agencies."
(l)
All subdivision lots created in the floodplain must meet all requirements of the Floodplain Ordinance (Appendix K).
(Ord. No. 1059, 7-14-80; Ord. No. 1330, 9-13-82; Ord. No. 1583, 1 27-86; Ord. No. 1732, 9-14-87; Ord. No. 1769, 4-18-88; Ord. No. 1770, 4-18-88; Ord. No. 1771, 4-18-88; Ord. No. 1944, 2-12-90; Ord. No. 2402, 6-25-96; Ord. No. 2666, 10-23-01; Ord. No. 3311, 11-26-13)
Footnotes:--- () ---*Cross reference—Zoning ordinance, App. A.
--- () ---*Cross reference—Zoning ordinance, App. A.
--- () ---†Cross reference—Zoning ordinance, App. A.