Sec. 45-2202. - Permitted uses.
Sec. 45-2203. - Area and dimensional regulations.
Sec. 45-2204. - Sign regulations.
Sec. 45-2205. - Off-street parking and loading regulations.
Sec. 45-2206. - General performance standards of design and operation.
Sec. 45-2207. - Review committee.
Sec. 45-2208. - Submittal requirements.
Sec. 45-2209. - Review committee action.
Sec. 45-2210. - Time requirements.
Sec. 45-2211. - Relationship to the Newport News Comprehensive Plan and Site Plan Ordinance.
Secs. 45-2216—45-2300. - Reserved.
The purpose of this district is to encourage development activities that provide desirable employment and enlarge the tax base, and to provide for stabilization and redevelopment of the geographic area known generally as the Downtown of Newport News. The area (henceforth referred to as the Regional Business District) is proposed for a concentration of professional and business offices, financial institutions, retail, manufacturing, municipal, cultural, transportation, entertainment and residential uses.
To conserve the property values, facilitate the creation of a convenient, attractive and harmonious community, and to promote an orderly development in this district, no building permit or other permit for construction or exterior alteration of any building or structure or the use of any land shall be issued until a project proposal report and/or site development plan as specified herein are recommended for approval to the site plan review committee in writing by the regional business district committee.
(Ord. No. 5028-97, § 1)
Sec. 45-2202. - Permitted uses.
(a)
Principal uses. Principal uses permitted in this district are set forth in Article IV, section 45-402
(b)
Accessory uses. Generally, uses accessory to principal uses allowed in this district are permitted. However, certain accessory uses may have special requirements or require a special exception. Refer to Article V and Article XXXII to determine what special requirements may apply.
(Ord. No. 5028-97, § 1)
Sec. 45-2203. - Area and dimensional regulations.
(a)
Every lot or parcel used for residential purposes in the Regional Business District shall meet the following dimensional requirements:
(1)
For all dwelling units less than four (4) stories, there shall be no minimum lot size and the land density shall not exceed thirty (30) units per gross acre.
(2)
Buildings of four (4) or more stories for residential use shall have a minimum lot area of ten thousand (10,000) square feet which shall have a dimension of not less than fifty (50) feet at the front property line. There shall be provided on the lot or parcel containing a four (4) or more story residential building one (1) or more areas used for recreational and/or landscaped area equal to not less than fifteen (15) percent of the total floor area used for dwelling purposes.
(b)
For non-residential uses, there shall be no minimum lot area, lot dimensions, or yards regulations in this district. Further regulations which shall apply are the following:
(1)
A new non-residential building, structure, addition or site more than five thousand (5,000) square feet in gross floor area or site area shall provide a landscaped area no less than ten (10) percent of the lot area at a location forward of the rear building line.
(2)
A new non-residential building, structure, addition or site of five thousand (5,000) square feet or less in gross floor area or site area shall provide a front and rear setback equal to the lesser of the setbacks provided on the adjoining lots. However, if any adjoining lot is undeveloped, a landscape area no less than ten (10) percent of the lot area at a location forward of the rear building line shall be provided.
(3)
A new non-residential building, structure, addition or site of five thousand (5,000) square feet or less in gross floor area or site area may provide zero setbacks provided, however, that such building, structure, addition or site has been reviewed and approved by the regional business district review committee in accordance with the section 45-2211
(c)
For mixed residential and non-residential uses, the predominant gross floor area use shall determine the overall use of the building and the regulations governing such use shall apply.
(Ord. No. 5028-97, § 1; Ord. No. 6305-06)
Sec. 45-2204. - Sign regulations.
See City Code Chapter 33.01.
(Ord. No. 5028-97, § 1)
Sec. 45-2205. - Off-street parking and loading regulations.
(a)
One on-site parking space or garage space per dwelling unit shall be provided, except as provided for by Article XXX, section 45-3004
(b)
All off-street parking for commercial, community facilities and/or industrial uses shall be provided in accordance with a city council adopted parking management plan and a certificate as designated in such plan shall be obtained.
(c)
Every building erected for non-residential activity which is determined by the zoning administrator to involve the distribution or receiving of materials or merchandise by motor vehicles shall provide and maintain on the same premises off-street loading spaces in conformity with Article XXX; provided further that when a combination of uses in loading group one, two or three are involved such that in the opinion of the zoning administrator one (1) or more loading spaces may be shared by the different uses, a reduction of up to fifty (50) percent of the total loading spaces may be permitted.
(Ord. No. 5028-97, § 1)
Sec. 45-2206. - General performance standards of design and operation.
(a)
Landscaping.
(1)
Any new non-residential building over the height of eighty (80) feet must provide a landscaped plaza or area at the street level equal to ten (10) percent of the lot area. Such area may be open to the sky, covered by the upper floors of the building, or covered by a bridge between the buildings or other structures, provided that such floor, bridge or structure leaves a minimum clearance of ten (10) feet in height and eight (8) feet in width at ground level.
(2)
Off-street surface parking lots having at least fifteen (15) parking spaces shall provide a landscaped buffer ten (10) feet in width around the perimeter of the paved area designated for automobile parking (except for access points to public streets, alleys or plazas).
(3)
Ground signs for buildings under eighty (80) feet in height shall provide five (5) square feet of landscaped ground area per square foot of sign area around the base of the sign.
(4)
Street furnishings such as street furniture, pavement, plant materials, planter spacing and lighting shall be in accordance with the Regional Business District Development Manual approved and adopted by city council.
(b)
Buffering provisions.
(1)
Any new development adjoining a building originally and historically used as a church shall provide a landscape buffer at least fifteen (15) feet wide along the common property line, and such landscape buffer shall extend the entire length of the said property line.
(2)
A twenty-foot wide landscape buffer shall be provided where a new non-residential use abuts an existing or approved residential use. However, no landscape buffer shall be required for a new building, structure, addition or site five thousand (5,000) square feet or less in gross floor area or site area.
(3)
Any new non-residential development adjoining an existing residential use or an approved residential development shall provide a landscape buffer at least thirty (30) feet wide if the proposed development includes a structure fifty (50) feet or higher in height. Such required landscape buffer shall be provided the entire length of common property line.
(4)
The landscape buffers required above may be reduced in size or width if the applicant adequately demonstrates that either:
a.
The proposed development is similar in use, height and size with the use to be protected by the landscape buffer; and, the landscaping being provided in the reduced buffer will provide adequate screening to the adjoining use; or
b.
The lot size, configuration, and orientation of the proposed development requires a smaller landscape buffer area; and, the landscaping being provided in the reduced buffer will provide adequate screening to the adjoining use.
(5)
The landscape buffers required in this article shall contain living plants (i.e., trees, shrubs, ground covers or grass), natural features (i.e., rock, stone, bark chips, wood shavings or land contouring) and/or structural features (i.e., walls, pedestrian walkways, night lighting, street furnishings), and shall be designed and provided in accordance with the criteria in the Regional Business District Development Manual approved and adopted by the city council.
(c)
Loading/unloading provisions.
(1)
Any required off-street loading shall be constructed to be an integral part of the site being served and no vehicle using the loading spaces may project into any public right-of-way.
(2)
Loading spaces may use the adjoining public right-of-way if the applicant sufficiently demonstrates (i) that no vehicle will project into any travel lane and (ii) that the use of the adjoining public right-of-way would create safer pedestrian and vehicular circulation on and off premises.
(3)
Off-street loading space shall not be accessed from Washington Avenue, West Avenue, or Huntington Avenue except when the applicant sufficiently demonstrates that no other safe and convenient alternative is available for the development.
(d)
Lighting provisions.
(1)
Freestanding lighting fixtures shall conform to the design and color as provided in the Regional Business District Development Manual.
(2)
Floodlighting utilized to highlight landscaping, building signs and/or distinctive architectural features of a building shall not produce glare or be directed to any off-site building or landscape feature.
(3)
Primary pedestrian ways and major building entrance(s) shall be illuminated with at least five-foot candles of illumination measured at the pavement surface.
(e)
General.
(1)
All uses within the Regional Business District shall not produce excessive or unsafe noise, odors, glare, vibration, smoke, hazard or radiation, or waste.
(2)
All storage in the Regional Business District shall be enclosed within a building.
(Ord. No. 5028-97, § 1)
Sec. 45-2207. - Review committee.
(a)
Within the Regional Business District, all preliminary and final development proposals for buildings, structures, additions or sites over five thousand (5,000) square feet gross floor area or site area and as provided in section 45-2203 B.3. will be reviewed by a committee which shall be comprised of the following members or their designees:
(1)
Newport News City Manager, Chairman.
(2)
Newport News Director of Planning, Vice Chairman.
(3)
Newport News Redevelopment and Housing Authority Executive Director.
(4)
A member of the Planning Commission appointed by the Chairman of the Planning Commission.
(5)
A member of the Newport News Redevelopment and Housing Authority (NNRHA) appointed by the Chairman of the NNRHA Board.
(6)
Two citizen members appointed by the planning commission.
(b)
The regional business district review committee shall review the development proposals for conformity with this article and the Regional Business District Development Manual. Upon preliminary approval of the Review Committee, applicable projects shall be submitted to the Newport News Site Plan Review Committee in conformity with the Comprehensive Plan and Site Plan Ordinance.
(c)
Said committee shall meet as necessary to expedite the review process and no less frequently than once every two (2) months when there is business before them.
(Ord. No. 5028-97, § 1; Ord. No. 6305-06)
Sec. 45-2208. - Submittal requirements.
(a)
The owner or developer of a new building, structure, addition or site over five thousand (5,000) square feet gross floor area or site area shall submit the proposed plan together with the payment of the filing fees in accordance with the provisions of this article to the director of planning not later than thirty (30) days prior to any scheduled meeting of the review committee.
(b)
There is no filing fee when the owner or developer of a building, structure, addition or site of five thousand (5,000) square feet or less of gross floor area or site area submits plans for committee review in accordance with the provisions of this article.
(c)
The proposed plan shall include a site development plan and project proposal report in accordance with subsections (e) and (f) as described below.
(d)
Before filing a site development plan and project proposal report, the developer may confer with the director of planning or his designated representative and such other agencies of the city as he or the director deems advisable concerning the general development concept. Such action is not to be construed as an application for approval in computing time limitations in relation thereto.
(e)
The site development plan shall show the delineation at a scale of not less than one (1) inch to forty (40) feet the existing physical characteristics of the site, including:
(1)
All information required for submission by the site plan review process.
(2)
Proposed development schematics to explain the proposed development and its relationship with the surroundings. This may include perspective drawing(s), sketch elevation(s), photographs or a block model.
(3)
The location and calculation of land which is intended for common, quasi-public, or amenity use but not proposed to be in public ownership, and draft proposed restrictions, agreements or other documents indicating the manner in which it will be held, owned and maintained in perpetuity for the indicated purposes.
(4)
Justification for any requested reductions in required landscape buffers, or use of the public right-of-way for loading, or loading space access to Huntington Avenue, West Avenue or Washington Avenue.
(f)
The project proposal report shall provide the following:
(1)
A development program which shall state the sequence in which all structures, open space, amenities, and vehicular and pedestrian circulation systems are to be developed and a schedule of construction dates indicating the anticipated month of year of commencement and completion of the whole project and any major phases.
(2)
For any residential use, the application shall state the type and number of units proposed.
(3)
For any non-residential use, the project report shall include such sufficient data and evidence for an objective determination about noise levels, odors, glare, vibration, hazards and radiation, and waste associated with the proposed activity.
(g)
Sign design shall be submitted as a part of the site plan as described in section 45-2208(e) or separately in accordance with this subsection. There is no filing fee for the sign design review, however, a request for the review shall be filed with the director of planning on a prescribed form along with the following documents:
(1)
Site plan at a minimum scale of one (1) inch to forty (40) feet. Such site plan shall show the location of the proposed sign or signs, related structures and the proposed landscaping.
(2)
Dimensioned elevations and/or photographs to illustrate the proposed sign locations and building facade relationship.
(3)
True color samples, paint sample or sign manufacturers sample to illustrate the sign's palette of colors.
(4)
Sign design showing framing dimensions, letter style and size and construction materials.
(Ord. No. 5028-97, § 1; Ord. No. 6305-06)
Sec. 45-2209. - Review committee action.
The regional business district review committee shall approve or disapprove the proposed development plan or sign design within sixty (60) days from the date of the final plan submission as specified in section 45-2208. The proposed plan shall be evaluated for compliance with the terms of this article and the mandatory criteria specified in the Regional Business District Development Manual. When disapproving a plan, the committee shall specify the reasons for disapproval and cite the provisions of this chapter, the comprehensive plan, the site plan ordinance and/or the Regional Business District Development Manual that have not been met.
(Ord. No. 5028-97, § 1)
Sec. 45-2210. - Time requirements.
After final approval by the review committee, all plans will be effective for a three-year time period and may be renewed for two-year increments upon written request to the review committee.
(Ord. No. 5028-97, § 1)
Sec. 45-2211. - Relationship to the Newport News Comprehensive Plan and Site Plan Ordinance.
(a)
No unapproved, disapproved or expired plan shall be approved by the Newport News Site Plan Review Committee for any project in the Regional Business District. Plans and reports submissions required by the site plan review committee and the Regional Business District Review Committee shall be coordinated according to the following process:
(1)
Conference with the director of planning or his designee.
(2)
Submission of required documents to the regional business district review committee for preliminary approval.
(3)
Upon preliminary approval by the committee, the normal submission and approval process required by the site plan ordinance shall commence.
(4)
Upon final approval of the site plan by the director of engineering, comments and recommendations shall be forwarded to the regional business district review committee for final action.
(b)
Preliminary project review shall take no longer than twenty (20) days. Site plan review and final committee review shall also each take no longer than twenty (20) days, so that the entire review process shall not exceed sixty (60) days. Requests for additional information or resubmission shall not count against the sixty-day limit. Consequently, each resubmission shall begin a new sixty-day cycle.
(c)
No clearing or building permits shall be issued until final project approval by the regional business district review committee has been granted.
(Ord. No. 5028-97, § 1; Ord. No. 6305-06)
In the event the plan submitted under the provisions of this chapter is not approved, there may be an appeal from the decision of the committee to the board of zoning appeals provided the appeal is made in writing and filed with the zoning administrator within twenty (20) work days after notification of disapproval. In reviewing such appeal, and prior to any public hearing, the board shall refer the appeal to the city planning commission for its recommendation. The city planning commission, after referral of the appeal to the commission, shall review the appeal and submit its recommendation to the board within sixty (60) days of the first meeting of the planning commission, which report shall state whether the appeal is in harmony with the intent of applicable regulations of the regional business district. Failure of the planning commission to report within the prescribed sixty (60) day period shall be construed as an affirmative recommendation.
(Ord. No. 5028-97, § 1)
A one hundred dollar ($100.00) non-refundable filing fee shall be paid upon the filing of the site development plan and project proposal report.
(Ord. No. 5028-97, § 1)
If any part, section, subsection, sentence, clause or phrase of this article (Regional Business District Regulations) is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this article.
(Ord. No. 5028-97, § 1)