A.
Decks.
(1)
Definition. A "deck" is an accessory use consisting of an unroofed
platform supported by pillars or posts and is either freestanding
or attached to a building.
(2)
Permitted locations.
(a)
Front or side yard location. A deck attached to a principal
building or structure shall be subject to the same front and side
setback standards as the principal building to which it is attached.
It may not project into a required front or side yard.
(b)
Rear yard location. A deck attached to a building or structure
shall be subject to the same rear setback standard as the principal
building to which it is attached. It may project no more than 10 feet
into a required rear yard setback as long as the maximum height from
grade does not exceed 24 inches.
(3)
Coverage. All decks shall be included in the maximum permitted building
coverage for principal buildings and structures.
B.
Patios.
(1)
Definition. A "patio" is a level, surfaced area that is at the finished
grade, not covered by a permanent roof, and is either freestanding
or directly adjoining a building.
(2)
Permitted locations.
(a)
Front yard location. A patio shall be subject to the same front
building setback standard as the principal building with which it
is associated. It may not project into a required front yard.
(b)
Side yard location. A patio may project into a required side
yard setback as long as it is placed no closer than 10 feet to any
lot line.
(c)
Rear yard location. A patio may project into a required rear
yard setback as long as it is placed no closer than 10 feet to any
lot line.
(3)
Placement: 10 feet from any property line.
(4)
Coverage. The area of the patio shall be included in the maximum
permitted building coverage for principal buildings and structures.
It is the intent of the Town of Ocean View that developers in
the GB-1 Zoning District consider utilizing the Town of Ocean View
Route 26 Corridor Development Design Standards document which is available
upon request from the Administrative Official.
A.
Setback. The building line and yard setback requirements of this
chapter shall not apply to fences, walls, hedges, or shrubbery.
C.
Nonresidential areas.
(1)
Applicability: properties used for other than residential purposes.
(2)
Maximum height: six feet.
(3)
Height increases permitted. In nonresidential zones, the Planning
and Zoning Commission may authorize, without a variance, increases
in fence heights in the side and rear yards as indicated in the standards
governing height limitations. In doing so, the Planning and Zoning
Commission must make a finding that safety concerns or the nature
of a particular use indicates a need for a fence higher than the standards
provided for in this section.
The height limitations of this chapter do not apply to appurtenances
usually required to be placed above the roof level and not intended
for human occupancy except where they would be a hazard to aircraft
flight operations. Such appurtenances include, but are not limited
to, the following:
A.
Definition. A "home-based business" is any business, occupation,
or activity undertaken for gain within a residential structure that
is incidental and secondary to the use of that structure as a dwelling
unit.
B.
All home-based businesses are required to obtain business licenses
from the Town.
C.
Permitted home-based businesses.
(1)
Offices for professionals, including architects, brokers, counselors,
clergy, drafts persons and cartographers, engineers, insurance agents,
lawyers, real estate agents, accountants, editors, publishers, journalists,
psychologists, social workers, contract managers, graphic designers,
construction contractors, landscape designers, surveyors, cleaning
services personnel, salespersons, manufacturers' representatives,
travel agents, and similar uses.
(2)
Workrooms for tailors, dressmakers, milliners, and craft persons,
including weaving, lapidary, jewelry making, cabinetry, woodworking,
and similar uses.
(3)
Repair services including watches and clocks, small appliances, computers,
electronic devices, lawn mowers, small engines, similar uses.
D.
Prohibited home-based businesses.
(1)
Adult entertainment.
(2)
Barber and beauty schools.
(3)
Day-care centers for adults or children.
(4)
Funeral homes and undertaking establishments.
(5)
Group instruction, assembly, or similar activity.
(6)
Kennels, stables, veterinary clinics, and hospitals.
(7)
Medical clinics and offices, dental clinics and offices, hospitals.
(8)
Nursing homes, convalescent homes, hospitals, or similar establishments.
(9)
Restaurants, bars, nightclubs.
(10)
Tearooms.
E.
Operational standards.
(1)
General. Businesses such as those listed in the previous subsection
shall be considered as operating within the home-based business standards
as long as they do not cause undue traffic congestion and comply with
the standards governing equipment used or operated by home-based businesses.
(2)
Operating hours. Customer and client visits to the home-based business
are limited to the hours from 8:00 a.m. to 6:00 p.m.
(3)
Employees.
F.
Equipment. The operation of the home-based business, including equipment
used therein, shall not:
(1)
Create any vibrations, heat, glare, dust, odors, or smoke that can
be detected outside of the dwelling in which the home-based business
is conducted.
(2)
Generate noise that violates any law, Town ordinance, or regulation
pertaining to noise.
(3)
Create any electrical, magnetic, or other interference off the premises.
(4)
Consume utility quantities that negatively impact the delivery of
those utilities to surrounding properties.
(5)
Use and/or store hazardous materials in excess of quantities permitted
in residential structures.
H.
Signs. There shall be no signs or outside display of products.
I.
External alterations prohibited. There shall be no exterior alterations
inconsistent with the residential character of the structure.
J.
Outdoor storage and work prohibited.
A.
Permitted principal use: manufactured home park, provided that the
following conditions are met:
(1)
The entire tract occupied by a manufactured home park shall be maintained
in single ownership throughout the entire life of the manufactured
home park.
(2)
At least 20 manufactured home stands shall be completed and ready
for occupancy before the first manufactured home is permitted on the
premises.
(3)
No manufactured home stand shall be leased or occupied for residential
use of a manufactured home except for periods of 30 consecutive days
or more.
(4)
Access to each manufactured home lot shall be from an internal, private
street and not from any public street.
B.
Permitted accessory uses.
(1)
Awnings or porches and one storage building for individual manufactured
home sites.
(2)
Residence for owner, manager, or caretaker of the park.
(4)
Outdoor community recreational facilities, including playgrounds,
swimming pool and tennis courts, intended only for the use of park
residents and guests.
A.
A restaurant shall be advertised as such, and the word "restaurant"
shall be used on the menu, in all outside advertising, and in the
trade name.
B.
Seating arrangement standards.
(1)
A minimum seating and tables for dining of not less than 10 persons
shall be provided.
(2)
A minimum of 85% of the patron area, excluding restrooms, shall be
permanently committed to seated dining.
(3)
All tables and chairs, booths, benches, and other seated dining arrangements
shall be maintained and located in an accessible and usable configuration
at all times.
C.
Alcoholic beverage service.
(1)
No portion of the patron area shall be designated, designed, or permitted
to be used for the stand-up consumption of alcoholic beverages.
(2)
No alcoholic beverages may be served or consumed outdoors, except
in those portions of the outdoor patron area designated, designed
or used for seated dining.
(3)
In those portions of the indoor patron area designated, designed
or used for seated dining, alcoholic beverages may be served to seated
dining patrons only.
(4)
No more than one service bar shall be permitted for each 750 square
feet of seated dining area.
(5)
A restaurant shall not sell or dispense alcoholic beverages for consumption
on the premises between the hours of 1:00 a.m. and 9:00 a.m.
[Amended 10-14-2014 by Ord. No. 312]
(6)
A restaurant shall not permit the consumption of any alcoholic beverages
on the premises between the hours of 1:30 a.m. and 9:00 a.m.
[Amended 10-14-2014 by Ord. No. 312]
D.
Waiting
area bar. An area may be designated a waiting area bar for the purpose
of accommodating patrons awaiting seating in patron areas. No waiting
area bar shall:
[Added 11-13-2012 by Ord. No. 297]
(1)
Exceed,
in the aggregate, 40 lineal feet from end to end.
(2)
Exceed
450 square feet of patron area, including all cabinets, counters,
and the floor area behind the bar and four feet distant from the patron
side thereof.
(3)
Have
seating that exceeds the smaller of 15% of the restaurant's total
seating capacity or a twenty-four-inch space-per-seat requirement
(4)
Be
located in any outside seating area.
[Added 7-12-2016 by Ord.
No. 330]
In addition to all other applicable standards of the zoning
district, an establishment that meets the definition of a brewpub
shall comply with the following:
A.
Revenue from food sales shall constitute more than 50% of the total
business revenues;
B.
No more than 50% of the total gross floor area of the establishment
shall be used for the brewery function including, but not limited
to, the brewhouse, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks;
C.
Where permitted by local ordinance, state and federal law, retail
carryout sale of beer produced on the premises shall be allowed in
specialty containers holding no more than a United States gallon (3,785
ml/128 U.S. fluid ounces). These containers are commonly referred
to as growlers;
D.
Brewpubs may sell beer in keg containers larger than a United States
gallon (3,785 ml/128 U.S. fluid ounces) for the following purposes
and in the following amounts:
(1)
An unlimited number of kegs for special events, the primary
purpose of which is the exposition of beers brewed by brewpubs and
microbreweries, which include the participation of at least three
such brewers;
(2)
An unlimited number of kegs for Town cosponsored events where
the purpose of the event is not for commercial profit and where the
beer is not wholesaled to the event cosponsor, but is instead dispensed
by employees of the brewpub.
E.
All mechanical equipment visible from the street (excluding alleys)
or an adjacent residential use or residential zoning district shall
be screened;
F.
Access and loading bays shall not face toward any street, excluding
alleys;
G.
Access and loading bays facing an adjacent residential use or residential
zoning district shall have the doors closed at all times, except during
the movement of raw materials, other supplies, and finished products
into and out of the building;
H.
Service trucks, for the purpose of loading and unloading materials
and equipment, shall be restricted to between the hours of 8:00 a.m.
and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and
7:00 p.m. on Sundays and national holidays;
I.
No outdoor storage shall be allowed. This prohibition includes the
use of fixed or portable storage units, cargo containers and tractor
trailers.
[Added 9-12-2017 by Ord.
No. 341]
In addition to all other applicable standards of the zoning
district, an establishment that meets the definition of a woodworking
shop shall comply with the following:
A.
The use shall be conducted within a completely enclosed building
with no open storage of raw, in-process or finished material.
B.
Open storage. Supplies or waste may be stored in the open if screened
from the street by landscaping, fences or walks, provided that:
C.
Distance from residential zones. The Board of Adjustment may require
that any detached, accessory building or structure be located a greater
distance from any residential district boundary than required elsewhere
in this Land Use and Development Code.
D.
Loading operations.
(1)
No loading operations shall be conducted on any portion of the
property abutting any residential district boundary.
(2)
No loading operations shall be conducted in the required front
yard.
(3)
Service drives or other access shall be provided for off-street
loading and in such a way that, in the process of loading or unloading,
no truck or other type of vehicle will block the passage of other
vehicles on the service drive or extend into any other public or private
drive or street used for traffic circulation.
E.
All fencing shall comply with other applicable sections of this Land
Use and Development Code, shall have a uniform and durable character,
and shall be properly maintained.
F.
Hours of operation. Hours of operation shall be limited as follows:
G.
Revisions, modifications, changes and additions to approved application.
Any revisions, modifications, changes and additions to an application
shall be approved by the Board of Adjustment and shall be subject
to all applicable sections of this Land Use and Development Code.
[Added 9-12-2017 by Ord.
No. 342]
In addition to all other applicable standards of the zoning
district, an establishment that meets the definition of a wildlife
educational center shall comply with the following:
A.
Compliance with other codes required. Every wildlife educational
center shall comply with all other applicable standards, laws, and
regulations of Ocean View and applicable outside agencies at the county,
state, and federal levels, in addition to the provisions of this Land
Use and Development Code.
C.
When approving activities and facilities outside of an enclosed building,
the Board of Adjustment shall consider the effect on adjoining uses.
D.
Fencing required.
(1)
A fence shall be installed around the area of the property where
the activities of the wildlife educational center take place.
(2)
Height and fencing materials shall be approved by the Board
of Adjustment to ensure that it is appropriate for this use.
(3)
All fencing shall comply with other applicable sections of this
Land Use and Development Code, shall have a uniform and durable character,
and shall be properly maintained.
E.
Hours of operation. Hours of operation shall be limited to between
the hours of 9:00 a.m. and 7:00 p.m.
F.
Revisions, modifications, changes and additions to approved application.
Any revisions, modifications, changes and additions to an approved
application shall be approved by the Board of Adjustment and shall
be subject to all applicable sections of this Land Use and Development
Code.
[Added 10-9-2018 by Ord.
No. 352]
In addition to all other applicable standards of the zoning
district, a miniature golf course shall comply with the following:
A.
Compliance with other codes required. Every miniature golf course
shall comply with all other applicable standards, laws, and regulations
of Ocean View, in addition to the provisions of this Land Use and
Development code.
B.
When approving activities and facilities outside of an enclosed building,
the Board of Adjustment shall consider the effect on adjoining uses.
C.
Hours of operation. Hours of operation shall be limited to between
the hours of 9:00 a.m. and 11:00 p.m.
D.
All lights shall be shielded to reflect or direct light away from
adjoining residential property.
E.
Revisions, modifications, changes, additions to approved application.
Any revisions, modifications, changes, additions to an approved application
shall be approved by the Board of Adjustment and shall be subject
to all applicable sections of this Land Use and Development code.
When a property is adjacent to a proposed right-of-way for a
future road, the applicable setback shall be as set forth in the chapter
plus the distance needed to accommodate the right-of-way for the proposed
road.
A.
The facades of the townhouses in each townhouse row (which consists
of a maximum of six townhouses) shall be varied in architectural treatment
and roof lines.
B.
No more than two adjacent townhouses shall have the same front building
line.
C.
The variation in the building line shall be at least two feet.
D.
When the rear lot lines of townhouses abut one another, a twenty-foot
wide alley shall be provided.
E.
Townhouses constructed on lots of record shall front on a public
street or common open area.
See Figure 2.
A.
Visibility at intersections in residential districts. On a corner
lot in any residential district, nothing shall be erected, placed,
planted or allowed to grow in such a manner as materially to impede
vision between a height of 2.5 and 10 feet above the center-line grades
of the intersecting streets in the area bounded by the street lines
of such corner lots and a line joining points along said street lines
50 feet from the point of the intersection.
B.
Nothing shall be placed in the street right-of-way without the approval
of the Town except for items whose removal and replacement would be
the responsibility of the homeowner should work in the right-of-way
be required, including, but not limited to, driveways, mailboxes,
and trash receptacles.
|
Figure 2. Sight Triangle and Street Right-of-Way
 |
[Added 7-12-2016 by Ord.
No. 330]
In addition to all other applicable standards of the zoning
district, an establishment that meets the definition of a microbrewery
shall comply with the following:
A.
The microbrewery shall produce no more than 15,000 barrels (465,000
U.S. gallons/17,602.16 hectoliters) of beer per year;
B.
This use shall be permitted only in conjunction with a restaurant,
tasting room or retail sales and service:
(1)
No more than 75% of the total gross floor space of the establishment
shall be used for the microbrewery function, including, but not limited
to, the brewhouse, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning
tanks and serving tanks;
(2)
The facade of any accessory use(s) shall be oriented toward
the street, excluding alleys, and if located in a shopping center,
to the common space where the public can access the use;
(3)
Pedestrian connections shall be provided between the public
sidewalks and the primary entrance(s) to any accessory use(s).
C.
All mechanical equipment visible from the street (excluding alleys)
or any adjacent residential use or residential zoning district shall
be screened using architectural features consistent with the principal
structure;
D.
Access and loading bays shall not face toward any street, excluding
alleys;
E.
Access and loading bays facing any adjacent residential use or residential
zoning district shall have the doors closed at all times, except during
the movement of raw materials, other supplies and finished products
into and out of the building;
F.
Service trucks for the purpose of loading and unloading materials
and equipment shall be restricted to between the hours of 8:00 a.m.
and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and
7:00 p.m. on Sundays and national holidays;
G.
No outdoor storage shall be allowed, including the use of fixed or
portable storage units, cargo containers and tractor trailers, except
as follows: spent or used grain, which is a natural byproduct of the
brewing process, may be stored outdoors for a period of time not to
exceed 24 hours. The temporary storage area of spent or used grain
shall be:
(1)
Designated on the approved site plan;
(2)
Permitted within the interior side or rear yard or within the
minimum building setbacks;
(3)
Prohibited within any yard abutting a residential use or residential
zoning district;
(4)
Fully enclosed within a suitable container, secured and screened
behind a solid, opaque fence or wall measuring a minimum of five feet
in height.
