NO OVERLAYS!

NO OVERLAYS!

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Gail Mottola started this petition to North End Land Owners

Sign this North End NO OVERLAYS Petition for private land owners in order to protect your private land and family homes from encroachment by VB City Council in its efforts to promote the commercialization of our Beloved North End!

Based on new information garnered in the last two weeks, everyone who has already signed either the original petition or the NVBCL petition can sign this petition.

This is a tax issue.  You already pay VB City property taxes.  We have yet to find out from the city if just living in an “overlay” means you are taxed at a higher tax rate.   If any overlay creates a new tax on top of the property tax you already pay, you are being taxed above and beyond your property tax. As Planning Staff Director, Mr. Tajan  stated, “the STR is a second overlay”.

Overlays appear to be used to extend and expand the City of Virginia Beach tax base. If you register to do a STR, it allows the city to collect another separate tax from you, converting your private land to “commercial use”.  Your family home becomes part of the City’s “commercial tourism inventory”.  We have NEVER needed the City’s “permission” to rent our homes in any way we see fit. If this direction continues, over time zoning will change again irreparably from residential private land to commercial use zoning. 

The Virginia Constitution Article I, Bill of Rights protects private land owners in Sections 1, 2, 3, 4, 7, 11, 12, 14 and 15. Private land was incredibly important to our founders! Article X, Section 6 states “(a) Except as otherwise provided in this Constitution,”. This refers back to Article I, Section 11 which addresses damage to private land owners. And Article 10, Section 10 warns against government entanglement with corporations “directly or indirectly, under any device or pretense whatsoever” in order to protect private land owners from unelected political “partners”, corporate machinations and other violations of the PUBLIC TRUST. 

The City, whether through the Planning Commission or City Council, does NOT have the authority to damage private land by the imposition of taxes. They certainly don’t have the authority to impose MULTIPLE tax bases for purposes of economic development and/or increased tax revenues on the same private land!  Zoning changes, imposition of architectural design, and taxes for tourist “homes” in the North End, expose the city’s intent to absorb an established 120 year old Residential District for its purpose of commercial Tourism. 

We, the undersigned, petition the City Council:

  • to remove the current Unofficial 2015 Overlay from 49th Street to 89th Street;
  • to cease to create ANY overlays;
  • to either remove the zoning of our private land or re-zone the private land in the North End Officially and Perpetually as a Residential District;
  • to remove the word “Resort” from any description of the North End Residential Neighborhood;
  • to allow ONLY those with CURRENT Short Term Rentals (STRs) with Conditional Use Permits (CUP) to remain active until they expire, at which time they can rent their property as they see fit and in accord with their neighbors;
  • to cease ANY further IMPOSITION and/or approval of City Short Term Rentals in the North End;
  • to cease ANY use of “percentage” increase or otherwise of STRs in the North End;
  • to leave the North End private land owners to determine the current and future use of their private land in accord with their neighbors;
  •  to stop acting as our Home Owners Association (HOA) over private land, using overlays and/or any other such tax devices;  
  • to stop acting as our Architectural Committee through its requirement of a specific “model” architectural design on private land.
0 have signed. Let’s get to 100!
At 100 signatures, this petition is more likely to be featured in recommendations!