- INDUSTRIAL DISTRICTS
The adopted Comprehensive Plan provides that new industries not requiring waterfront property should be located in planned industrial parks, with special encouragement also being provided to redevelop existing industrial sites which have been abandoned or under-utilized. The plan also recognizes the significance of deep water waterfront sites for compatible industrial development. All such sites must be developed in accordance with certain environmental performance standards to ensure that the industrial activities do not have an adverse impact on the community, and special attention must be given to properly buffering such sites from adjacent residential, commercial, institutional or public uses. While it is anticipated that most industrial sites will be located in the urban and suburban areas of the city, in locations easily accessible to major highway corridors and other transportation facilities and along certain waterfront areas there may also be appropriate industrial locations in the more rural areas, particularly in planned parks of light industrial activities, storage and delivery centers near major trucking, railroad depots, and properties surrounding airport development.
(Ord. No. 17-O-081, 11-21-17)
Specific design, development and performance standards, including lot configurations, public improvements, parking and traffic circulation, landscaping and buffering, are addressed in article 19 of this ordinance and in chapter 70 of the city Code, which governs subdivision and site plans. A number of other city standards may also apply to the development of a property. Those standards include but are not limited to those listed below and should be reviewed by a developer.
A.
Accessory uses and structures, including signs, are addressed in article 14.
B.
Floodplain standards for all developments are set out in chapter 26, article IV (section 26-86 et seq.), of the city Code.
C.
Erosion and sediment control standards are set out in chapter 26, article III (section 26-51 et seq.), of the city Code.
D.
Different or additional regulations may apply to a property, depending upon whether a site is located within an overlay district. Reference should be made to overlay maps available in the planning department. If a site is within a particular overlay district, those overlay district requirements shall apply. Overlay district regulations are set out in article 12 of this ordinance.
E.
Alternative development plans for industrial sites may be proposed through application for a planned unit development (PUD), as provided for in article 11. If a proposed business use requires a conditional use permit (as noted in the table of permitted and conditional uses at the end of this article), then the requirements of article 17 of this ordinance, governing conditional uses, must be met.
F.
The site plan approval process, including certain site plan requirements, is set out in article 18 of this ordinance.
G.
Special development regulations set out in article 13 of this ordinance.
(Ord. No. 01-O-043, 5-8-01)
This district is established to provide areas for the location of light manufacturing, wholesaling and distribution operations which are free from noxious fumes, noise, odors, vibrations, etc., which are often found in heavy industrial areas. These districts should be located near major arterial highways and would be expected to be serviced by neighboring office and business establishments.
A.
General site standards.
1.
Minimum lot size.
a.
If lot is served by an approved public sewer system, 15,000 square feet.
b.
All others, 15,000 square feet or such greater size as may be required by the health department to ensure a functional septic tank system for the site.
2.
Minimum lot width, 100 feet.
Minimum lot frontage, 80 feet.
3.
Principal building setback (required yards).
a.
From streets (front yards), 25 feet. (Setback from streets shall be measured from the reservation line established in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.)
b.
From property zoned for other than residential use.
i.
Side yard, 10 feet.
ii.
Rear yard, 25 feet.
iii.
Certain other sites. If adjoining lots are part of a single, integrated industrial site plan or if the lot is adjacent to a railroad, a body of water or comparable feature where no occupied development will occur, a side and/or rear yard setback of zero (0) feet may be approved. In addition, a rear yard setback of zero (0) feet may be approved where the property adjoining the rear yard is also zoned for industrial use.
iv.
Effect of landscaping requirements. The landscape requirements in article 19 of this ordinance may require a greater setback in certain situations.
c.
From property zoned for residential use.
i.
Side yard, 10 feet.
ii.
Rear yard, 25 feet.
iii.
Effect of landscaping requirements. The landscape requirements of article 19 of this ordinance may require a greater setback in certain situations.
4.
Off-street parking (paved vehicular area) setback.
a.
From streets. Setback shall be in accordance with the landscape buffer required under article 19 of this ordinance. (Setback from streets shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.)
b.
From property zoned for other than residential use.
i.
Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
ii.
Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
c.
From property zoned for residential use.
i.
Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
ii.
Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
5.
Maximum lot coverage of buildings, 50 percent.
6.
Maximum building heights:
a.
Any building or silo may be constructed to a maximum height of seventy-five (75) feet, except as otherwise stated below.
b.
Buildings and silos located on lots abutting residential property.
i.
Any building or silo located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.
ii.
Any such building or silo may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.
c.
Any silo which is located on a lot that does not abut property zoned or used for residential purposes and which does not house flammable, combustible, or hazardous materials, as defined in the current edition of the Virginia Uniform Statewide Building Code, may be constructed to a maximum height of one hundred ten (110) feet.
d.
All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)
B.
Retail sales.
1.
Retail sales incidental or accessory, as defined in section 14-101, to the permitted use on the lot may occur on the same lot on which an industrial operation is conducted upon compliance with the following:
a.
Not more than ten percent (10%) of the gross floor area of the building or buildings shall be devoted to retail sales and supporting operations. This provision shall not be construed to apply to the outside display and sale of motor vehicles at lawful motor vehicle dealerships as set out in section 8-302.F.
2.
Retail sales establishments that constitute the principal use of property in the industrial zoning districts as allowed under section 8-600 of this ordinance and that have more than 50,000 square feet of gross floor area shall comply with the development criteria in section 13-2500 et. seq.
C.
Outside storage.
1.
No materials, supplies, equipment, trash or refuse shall be stored on any site except inside a building or behind a visual barrier which screens the stored material from observation from any public street.
2.
All refuse shall be contained in completely enclosed containers or structures, which shall be fully screened from public view, in accordance with the requirements of article 14.
D.
Loading activities. Loading docks and truck entrance doors shall be fully screened by vegetation or other opaque material approved by the city so as not to be visible from any public street adjacent to the property.
E.
Adjustments in required setbacks. Required setbacks for the principal building may be reduced by the zoning administrator, or designee, through site plan approved if the applicant provides enhanced landscaping. Such landscaping shall at a minimum include a thirty (30) percent increase in vegetation beyond that which is required by section 19-600 of this ordinance, to be installed and maintained in the reduced yard. In exchange for such landscaping, the required setback may be reduced by no more than thirty (30) percent. The enhanced landscaping shall be subject to the approval of the director of development and permits, or designee. All other applications for setback reductions shall be heard by the city board of zoning appeals as a variance request.
F.
The outside display and sale of motor vehicles at lawful motor vehicle dealerships shall comply with the following:
1.
If the area to be used for the outside display and sale of motor vehicles ("the area") contains no temporary sign as defined and regulated by section 14-700 et. seq., except as permitted under section 14-704.H, no elevated platform for the display of an automobile or any form of advertising or device intended to attract attention to the area, then the area shall comply with the off-street parking set backs as set out in section 8-302.A.4.
2.
If the area used for the outside display and sale of motor vehicles ("the area") contains at least one temporary sign as defined and regulated by section 14-700 et. seq. except as permitted under section 14-704.H., any form of advertising or device intended to attract attention to the area, then the area shall be unlawful unless the area complies with the required principal building set backs as set out in section 8-302.A.3.
3.
During sales events as defined provided for in section 14-704.H.1.d., if one temporary sign, or more, approved pursuant to section 14-704.H.1.d. is to be located in the area used for the outside display and sale of motor vehicles ("the area"), then the area shall comply with the following to qualify for the setback provided in section 8-302.F.1. otherwise the area shall comply with the required principal building set backs as set out in section 8-302.A.3.
a.
Each sign approved pursuant to section 14-704.H.1.d. and located in the area must remain lawful for the duration of the time each sign remains in the area.
b.
This subparagraph 3. shall not be construed to enlarge or restrict the meaning or application of section 14-704.H.1.d.
4.
The area used for the outside display and sale of motor vehicles shall not be located in or encroach upon fire lanes, required parking spaces, pedestrian walkways or water and sewer easements owned by the city.
5.
All required buffer yards surrounding the area shall be maintained in accordance with article 19.
6.
The area used for the outside display and sale of motor vehicles shall be depicted on a preliminary and final site plan approved pursuant to article 18. No outside display or sale of motor vehicles shall occur outside the area depicted on a preliminary and final site plan approved pursuant to article 18. Final site plans approved before the effective date of this ordinance may be amended specifically to depict the set back for the area to conform with this section as amended. Such amendment to a final site plan shall be considered a minor deviation under section 17-114.
(Ord. No. 95-O-197, 10-24-95; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-125, 8-17-04; Ord. No. 05-O-015, 3-8-05; Ord. No. 07-O-120, 7-17-07; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 24-O-005, 1-16-24)
This district is designed to provide for manufacturing and related uses which cannot meet the performance standards required of light industry. This district is intended to permit manufacturing, compounding, processing, packaging, assembly, or other treatment of finished products from previously prepared material, subject to performance standards covering potential adverse impacts on the natural and human environment. This district shall not be established within the rural overlay district unless it is part of an agricultural operation or appropriately located within a designated transportation corridor overlay district or major activity center established by the adopted Comprehensive Plan which specifically encourages manufacturing; or within a special overlay district (e.g., the Fentress Airfield overlay district) which specifically allows manufacturing.
(Ord. No. 05-O-014, 3-8-05; Ord. No. 17-O-081, 11-21-17)
All properties located within the M-2 general industrial district shall comply with the development standards for the M-1 light industrial district, set out above.
This district is established for moderately intensive water-oriented commerce and industry along the southern branch of the Elizabeth River where the channel has been improved for deep draft navigation. The intent of this district is to ensure that those properties having direct river channel access are utilized for port-related activities. To ensure the appropriate utilization of the limited water-related resources available in the city, uses permitted in the M-3 district must be water-related in some significant way. Anticipated uses include ship manufacturing and repair, storage, wholesaling, distribution and certain specified manufacturing activities that are dependent on water access. This district shall be served with public water and sewer.
A.
Application of M-1 light industrial district standards. All properties located within the M-3 waterfront industrial district shall comply with the development standards for the M-1 light industrial district.
B.
Requirement of water-related activity. Except as provided for in subsection (C) below, a use included in the table of permitted and conditional uses for the M-3 waterfront industrial district must utilize its water access as an integral component of its operation and shall include a port or docking facility on the property as part of its operation. Each site plan for such use shall clearly show the location of such port or docking facility and the manner in which it will be utilized.
C.
Nonwaterfront-related uses permitted on certain M-3 sites. Uses allowed as permitted or conditional uses in the M-2 general industrial districts but not included in the table of permitted and conditional uses for the M-3 waterfront industrial district and uses otherwise allowed in the M-3 waterfront industrial district but lacking the required port or docking facility or operation shall nevertheless be allowed on property located in the M-3 waterfront industrial district if the property meets the following conditions:
1.
A portion of the property is reserved for future waterfront industrial development, provided that such portion has the following: (a) sufficient area and dimensions to meet the development standards of this article; and (b) a depth at all points of 500 feet or more, measured from the property's mean high watermark; and
2.
The size and configuration of the remaining portion of the property is sufficient for the location of a nonwaterfront-related industrial use that complies with the applicable requirements of this ordinance and other applicable law; and
3.
Sufficient access is provided to the waterfront site to meet the requirements of this ordinance.
The site plan for any such nonwaterfront-related industrial use on such property shall include specific provisions to ensure appropriate road access to the reserved waterfront site and such additional information as the planning commission or the reviewing departments may require.
A.
In general. The following tables set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in all industrial districts in the city. Where a use is not listed it shall be presumed that it is not allowed as a permitted or conditional use in these districts; provided that in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use and such proposed use is also listed in the Standard Industrial Classification (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.
B.
Key of symbols used in tables. The symbols in the tables below shall have the following meanings:
C.
Special conditions pertaining to specific uses. The following conditions shall apply to specific uses, as indicated in the "condition" column in the uses schedule:
1.
The following standards shall apply to the keeping of livestock:
a.
The minimum area of any parcel proposed for the keeping of livestock as a principal use shall be 5 acres or one (1) animal per every 5,000 square feet, whichever is greater; provided, however, that no such limitation shall apply to nongrazing animals, such as fowl, domesticated rabbits or hares.
b.
Stable or housing for livestock shall be constructed in accordance with section 14-102.B.7.
2.
Kennels and veterinary hospitals shall be developed and operated in accordance with section 13-800 et seq. and section 14-102.B.7. of this ordinance.
3.
See section 13-2200 et seq. of this ordinance for supplemental regulations.
4.
See chapter 26, article VI (section 26-221 et seq.), of the city Code and section 13-1200 of this ordinance for supplemental regulations.
5.
See article 14 for regulations pertaining to storage yards and areas.
6.
See section 13-1300 of this ordinance for supplemental regulations.
7.
Reserved.
8.
See section 13-400 et seq. of this ordinance for supplemental regulations.
9.
All operations shall be approved by the fire chief and risk management.
10.
See section 13-1700 et seq. of this ordinance for supplemental regulations.
11.
See chapter 19, article II (section 19-51 et seq.), of the city Code and section 13-1200 et seq. of this ordinance for supplemental regulations.
12.
See section 13-1200 et seq. of this ordinance for supplemental regulations.
13.
See section 13-600 et seq. of this ordinance for supplemental regulations. Administrative review-eligible projects shall only be permitted if the requirements of section 13-602 are satisfied.
14.
See section 13-900 et seq. of this ordinance for supplemental regulations.
15.
See chapter 14, article VI, section 14-271 et seq. of the City Code for supplemental regulations.
16.
See section 13-1900 et seq. for supplemental regulations.
17.
See section 13-1100 et seq. of this ordinance for supplemental regulations.
18.
An outdoor play area of at least one hundred (100) square feet per child and an indoor play area of at least 25 square feet per child shall be provided. See section 13-500 et seq. for additional regulations.
19.
Shall be permitted only in an industrial park, as defined in this ordinance.
20.
Solid waste management facilities, as defined in section 62-86 of the city Code, shall be developed and operated in compliance with the requirements of article II and article IV of chapter 62 of the city code.
21.
Permitted only on municipal (Chesapeake) sites and as permitted in section 13-602 of this ordinance.
22.
Netting shall be required for driving ranges along any property line, or portion thereof, which is located (1) less than one hundred fifty (150) yards to the rear or to either side of a tee area, or (2) less than three hundred (300) yards in front of a tee area. Where required hereunder, the netting shall be installed between the driving range and required landscape buffers. If no landscape buffer is required under article 19 of this ordinance, the netting shall be installed no less than ten (10) feet from the property line at issue. Notwithstanding fence height restrictions in article 14 of this ordinance, the netting shall not be less than thirty-five (35) feet in height. In issuing a conditional use permit for a driving range, the city council may vary the standards herein by stipulation. In any case, netting requirements may be waived by city council or where no conditional use permit is required, by the planning commission as a special exception, where it is determined that existing trees and shrubs border the driving range in such a manner as to provide neighboring properties with the same level of protection from golf balls as would netting.
23.
Solid waste transportation terminals, as defined in section 62-86 of the City Code, shall be deemed a solid waste management facility and shall require a conditional use permit in all industrial zoning districts. The handling, processing or storage of sulfur or sulfuric acid shall be prohibited in the M-1 (Light Industrial) and M-2 (General Industrial) zoning districts, except for incidental or accessory amounts associated with an otherwise lawful principal use.
24.
A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption that meets one of the following conditions:
a.
The eating or drinking place is open for business after 12:00 a.m. and any portion of such property containing an eating and drinking place is located within two hundred (200) feet of any lot line of a lot containing any property zoned or used for residential purposes. Where an eating and drinking place is located in a shopping center, the two hundred (200) foot distance shall be measured from the outer walls of the unit or space in which the eating and drinking place is located.
b.
The eating or drinking place is adjacent to the following:
i.
Property containing a church in a freestanding building;
ii.
Property containing a public or private school in a freestanding building;
iii.
Hospital in a freestanding building, or
iv.
Daycare center in a freestanding building.
c.
A conditional use permit shall not be required if one of the following exceptions applies:
i.
The structure or unit in which the eating and drinking place is located is separated from property containing a church, or property containing a public or private school by a street at least sixty (60) feet in width which is owned and maintained by the city or the Commonwealth.
ii.
For purposes of subsection b. only, the eating and drinking place is located in a shopping center. For purposes of this section, shopping center shall mean a group of retail or other commercial establishments that functions as a unified commercial development.
25.
All racetracks, including without limitation, racetracks for motor vehicles, animals and drag strip races, shall be subject to the supplemental regulations and criteria set out in section 13-2300 et seq.
26.
No such establishment shall be used for private gain. An assembly use located in, or that will be located in, a building containing more than one leasable space that is required by article 18 to undergo site plan review shall submit all of the following in addition to the requirements of article 18:
a.
A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section 19-411 or by obtaining approval of a cooperative parking arrangement under section 19-405. If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included.
b.
A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code and all amendments.
c.
A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended.
d.
A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space.
Units and spaces in which assembly uses operate shall comply with the Virginia Statewide Building Code, as amended.
27.
Tattoo parlors shall be established and operated in accordance with applicable provisions in chapter 38 of the City Code. Additionally, in order to protect and preserve the vitality of commercial districts and the overall quality of life in Chesapeake, no tattoo parlor shall be located within six hundred (600) feet of any other tattoo parlor.
28.
In order to protect the public safety and welfare of the community, to ensure the compatibility of uses of land, and to prevent adverse effects on the uses of land listed below; probation, parole, and similar correctional or penal services shall be prohibited if any property, structure, or improvement containing such use will be located within one thousand (1,000) feet of the line of any property that:
a.
Is used for public or private school purposes;
b.
Is zoned for or used for residential purposes;
c.
Is used for child care purposes;
d.
Is used as a public park; or
e.
Is used for religious purposes.
No master development plan or approved development criteria shall supersede this prohibition.
29.
Massage therapy establishments and massage therapists must comply with all applicable requirements of the city code to be a permitted use.
30.
A conditional use permit shall be required for any central disposal system, including without limitation, private sewage package plants, and for any regional drainfield serving more than one industrial parcel. In addition to the criteria in article 17, city council shall apply the level of service tests for roads and schools set out in Planning and Land Use Policy in the adopted Comprehensive Plan. The stipulations imposed on this conditional use permit shall be in compliance with the dictates of Virginia Code Section 15.2-2157. An individual septic system that serves only one industrial parcel shall be exempt from the conditional use permit requirement.
31.
Concrete and material crushing operations shall be subject to the following standards to obtain and operate under a conditional use permit:
a.
Crushing operations and material stockpiles shall be setback at least 1000 feet from any residential structure. City Council may reduce this setback with the approval of a conditional use permit to a minimum of 500 feet if all crushing will occur indoors and the reduction will not adversely affect nearby existing residences. City Council may also approve the setback reduction up to 500 feet for outdoor crushing with appropriate conditions to control dust, other fugitive particles and noise from adversely affecting adjacent properties.
b.
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. unless otherwise approved by City Council with a conditional use permit.
c.
No permanent storage of materials shall occur on-site. Approval of a conditional use permit may include conditions to specifically limit or prohibit storage of material.
32.
Concrete and material crushing operations that are temporary in nature shall be exempt from the requirement of a conditional use permit and shall be permitted only in the industrial zoning districts, subject to the following standards:
a.
A zoning permit is issued in accordance with section 20-102.A.2.d before crushing commences. An application shall include such information as necessary for the director of development and permits, or designee, to determine compliance with these standards.
b.
The crushing operation shall not last longer than thirty (30) days. An extension may be approved by the director for an additional period up to thirty (30) days. No permit shall be reissued for the same site within twelve (12) months.
c.
The crushing operation shall be setback at least 500 feet from any residential dwelling subject to a determination by the director that the operation will include sufficient measures to control dust and other fugitive particles.
d.
Only materials existing at the site shall be crushed. No materials shall be imported to the site for crushing.
e.
Only materials specifically approved by the zoning permit shall be crushed.
33.
See section 13-2000 et seq. of this ordinance for supplemental regulations.
34.
The handling, processing or storage of sulfur or sulfuric acid shall be prohibited in the M-1 (Light Industrial) and M-2 (General Industrial) zoning districts, except for incidental or accessory amounts associated with an otherwise lawful principal use.
35.
No satellite wagering establishment shall be permitted within two hundred (200) feet of any lot line of any property zoned or used for residential purposes. Said restriction shall be imposed to protect the health, safety and welfare of the inhabitants of the city. Where such establishment is located in a shopping center, the 200-foot distance shall be measured from the outer walls of the unit or space in which the business is located. Satellite wagering establishments shall be conducted in accordance with the dictates imposed on pari-mutuel wagering in Title 59.1 of the Virginia Code, 1950, as amended.
36.
See section 13-2700 et seq. of this ordinance for supplemental regulations.
37.
A beauty shop may offer or provide permanent cosmetic tattooing (also known as permanent makeup or micropigmentation) and/or reconstructive tattooing as part of a full-service beauty salon that offers a wide range of services and where the tattooing activity is conducted as an accessory service and operated in accordance with applicable provisions in chapter 38 of the City Code. For purposes of this provision, permanent cosmetic tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face that is limited to eyebrows, eyeliner, lip coloring, lip liners, full lips, cheek blush, and eye shadow. For purposes of this provision, reconstructive tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin that is limited to breast and scar repigmentation or camouflage.
38.
See Section 13-3200 of this ordinance for supplemental regulations.
39.
Animal crematories shall only cremate or otherwise dispose of animal remains. No animal crematory shall cremate or otherwise dispose of any human remains. An animal crematory may utilize an alkaline hydrolysis method of disposal.
D.
Retail uses in the industrial districts. All permitted and conditional uses in the B-2 district not listed in the table of permitted and conditional principal uses below shall be permitted or conditional as specified in section 7-602 of this ordinance in all industrial districts subject to the conditions set out below. Where uses are listed in both section 7-602 and section 8-602, the classification of the use as permitted or conditional and all special conditions and parking requirements pertaining to the use shall be determined by reference to section 8-602. General business (B-2) uses shall be allowed in industrial districts as follows:
a.
The property shall have frontage on one of the following arterial roads: Atlantic Avenue, Bainbridge Boulevard, Battlefield Boulevard, Campostella Road, Centerville Turnpike, Dominion Boulevard, George Washington Highway, Indian River Road, Military Highway, and Taylor Road.
b.
The use of the property for general business (B-2) purposes shall be limited to only that portion of the property located within the first 500 feet measured from the front lot line. The size and configuration of the portion of the property used for general business purposes shall comply with applicable requirements of this Code and other laws.
c.
The portion of the property uses for general business purposes shall comply with requirements for setbacks, parking, lot configuration, landscaping and all other development standards applicable to B-2 general business zoning districts as set out in this Code.
d.
A portion of the property shall be reserved for future industrial development, provided that the reserved area is of sufficient area and dimensions to meet the development standards of this article and that sufficient access is provided to the reserved area in accordance with the requirements of this Code.
e.
Preliminary site plan review by the planning commission shall be required unless the planning commission has designated the planning director as the approval authority for the preliminary site plan under section 18-202.
f.
Retail establishments having a gross floor area exceeding 50,000 square feet shall comply with the development criteria in section 13-2500 of this Code.
(Ord. No. 95-O-135, 7-18-95; Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-096, 7-24-97; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-142, 11-16-99; Ord. No. 01-O-032, 4-17-01; Ord. No. 01-O-043, 5-8-01; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-075, 6-21-05; Ord. No. 05-O-147, 11-22-05; Ord. No. 06-O-053, 5-16-06; Ord. No. 07-O-077, 5-15-07; Ord. No. 09-O-005, 1-20-09; Ord. No. 09-O-125, 11-10-09; Ord. No. 10-O-114, 9-21-10; Ord. No. 12-O-014, 2-21-12; Ord. No. 12-O-098, 10-16-12; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 20-O-058, 6-16-20; Ord. No. 21-O-098, 9-21-21; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-098, 10-17-23; Ord. No. 23-O-109, 11-28-23)
SECTION 8-602. TABLE OF PERMITTED AND CONDITIONAL USES
IN INDUSTRIAL DISTRICTS
(Ord. No. 94-O-198, 9-27-94; Ord. No. 95-O-135, 7-18-95; Ord. No. 96-O-106, 7-16-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-177, 11-19-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-096, 7-24-97; Ord. No. 98-O-011, 1-20-98; Ord No. 98-O-162, 11-17-98; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-104, 7-20-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-147, 11-22-05; Ord. No. TA-Z-07-10, 8-21-07; Ord. No. 09-O-125, 11-10-09; Ord. No. 10-O-114, 9-21-10; Ord. No. 10-O-129, 10-19-10; Ord. No. 12-O-098, 10-16-12; Ord. No. 15-O-134, 11-17-15; Ord. No. 16-O-072, 7-19-16; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-002, 1-16-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-098, 10-17-23; Ord. No. 23-O-109, 11-28-23; Ord. No. 25-O-007, 2-18-25)
*See section 8-601(C)
**See section 19-411
- INDUSTRIAL DISTRICTS
The adopted Comprehensive Plan provides that new industries not requiring waterfront property should be located in planned industrial parks, with special encouragement also being provided to redevelop existing industrial sites which have been abandoned or under-utilized. The plan also recognizes the significance of deep water waterfront sites for compatible industrial development. All such sites must be developed in accordance with certain environmental performance standards to ensure that the industrial activities do not have an adverse impact on the community, and special attention must be given to properly buffering such sites from adjacent residential, commercial, institutional or public uses. While it is anticipated that most industrial sites will be located in the urban and suburban areas of the city, in locations easily accessible to major highway corridors and other transportation facilities and along certain waterfront areas there may also be appropriate industrial locations in the more rural areas, particularly in planned parks of light industrial activities, storage and delivery centers near major trucking, railroad depots, and properties surrounding airport development.
(Ord. No. 17-O-081, 11-21-17)
Specific design, development and performance standards, including lot configurations, public improvements, parking and traffic circulation, landscaping and buffering, are addressed in article 19 of this ordinance and in chapter 70 of the city Code, which governs subdivision and site plans. A number of other city standards may also apply to the development of a property. Those standards include but are not limited to those listed below and should be reviewed by a developer.
A.
Accessory uses and structures, including signs, are addressed in article 14.
B.
Floodplain standards for all developments are set out in chapter 26, article IV (section 26-86 et seq.), of the city Code.
C.
Erosion and sediment control standards are set out in chapter 26, article III (section 26-51 et seq.), of the city Code.
D.
Different or additional regulations may apply to a property, depending upon whether a site is located within an overlay district. Reference should be made to overlay maps available in the planning department. If a site is within a particular overlay district, those overlay district requirements shall apply. Overlay district regulations are set out in article 12 of this ordinance.
E.
Alternative development plans for industrial sites may be proposed through application for a planned unit development (PUD), as provided for in article 11. If a proposed business use requires a conditional use permit (as noted in the table of permitted and conditional uses at the end of this article), then the requirements of article 17 of this ordinance, governing conditional uses, must be met.
F.
The site plan approval process, including certain site plan requirements, is set out in article 18 of this ordinance.
G.
Special development regulations set out in article 13 of this ordinance.
(Ord. No. 01-O-043, 5-8-01)
This district is established to provide areas for the location of light manufacturing, wholesaling and distribution operations which are free from noxious fumes, noise, odors, vibrations, etc., which are often found in heavy industrial areas. These districts should be located near major arterial highways and would be expected to be serviced by neighboring office and business establishments.
A.
General site standards.
1.
Minimum lot size.
a.
If lot is served by an approved public sewer system, 15,000 square feet.
b.
All others, 15,000 square feet or such greater size as may be required by the health department to ensure a functional septic tank system for the site.
2.
Minimum lot width, 100 feet.
Minimum lot frontage, 80 feet.
3.
Principal building setback (required yards).
a.
From streets (front yards), 25 feet. (Setback from streets shall be measured from the reservation line established in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.)
b.
From property zoned for other than residential use.
i.
Side yard, 10 feet.
ii.
Rear yard, 25 feet.
iii.
Certain other sites. If adjoining lots are part of a single, integrated industrial site plan or if the lot is adjacent to a railroad, a body of water or comparable feature where no occupied development will occur, a side and/or rear yard setback of zero (0) feet may be approved. In addition, a rear yard setback of zero (0) feet may be approved where the property adjoining the rear yard is also zoned for industrial use.
iv.
Effect of landscaping requirements. The landscape requirements in article 19 of this ordinance may require a greater setback in certain situations.
c.
From property zoned for residential use.
i.
Side yard, 10 feet.
ii.
Rear yard, 25 feet.
iii.
Effect of landscaping requirements. The landscape requirements of article 19 of this ordinance may require a greater setback in certain situations.
4.
Off-street parking (paved vehicular area) setback.
a.
From streets. Setback shall be in accordance with the landscape buffer required under article 19 of this ordinance. (Setback from streets shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.)
b.
From property zoned for other than residential use.
i.
Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
ii.
Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
c.
From property zoned for residential use.
i.
Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
ii.
Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.
5.
Maximum lot coverage of buildings, 50 percent.
6.
Maximum building heights:
a.
Any building or silo may be constructed to a maximum height of seventy-five (75) feet, except as otherwise stated below.
b.
Buildings and silos located on lots abutting residential property.
i.
Any building or silo located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.
ii.
Any such building or silo may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.
c.
Any silo which is located on a lot that does not abut property zoned or used for residential purposes and which does not house flammable, combustible, or hazardous materials, as defined in the current edition of the Virginia Uniform Statewide Building Code, may be constructed to a maximum height of one hundred ten (110) feet.
d.
All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)
B.
Retail sales.
1.
Retail sales incidental or accessory, as defined in section 14-101, to the permitted use on the lot may occur on the same lot on which an industrial operation is conducted upon compliance with the following:
a.
Not more than ten percent (10%) of the gross floor area of the building or buildings shall be devoted to retail sales and supporting operations. This provision shall not be construed to apply to the outside display and sale of motor vehicles at lawful motor vehicle dealerships as set out in section 8-302.F.
2.
Retail sales establishments that constitute the principal use of property in the industrial zoning districts as allowed under section 8-600 of this ordinance and that have more than 50,000 square feet of gross floor area shall comply with the development criteria in section 13-2500 et. seq.
C.
Outside storage.
1.
No materials, supplies, equipment, trash or refuse shall be stored on any site except inside a building or behind a visual barrier which screens the stored material from observation from any public street.
2.
All refuse shall be contained in completely enclosed containers or structures, which shall be fully screened from public view, in accordance with the requirements of article 14.
D.
Loading activities. Loading docks and truck entrance doors shall be fully screened by vegetation or other opaque material approved by the city so as not to be visible from any public street adjacent to the property.
E.
Adjustments in required setbacks. Required setbacks for the principal building may be reduced by the zoning administrator, or designee, through site plan approved if the applicant provides enhanced landscaping. Such landscaping shall at a minimum include a thirty (30) percent increase in vegetation beyond that which is required by section 19-600 of this ordinance, to be installed and maintained in the reduced yard. In exchange for such landscaping, the required setback may be reduced by no more than thirty (30) percent. The enhanced landscaping shall be subject to the approval of the director of development and permits, or designee. All other applications for setback reductions shall be heard by the city board of zoning appeals as a variance request.
F.
The outside display and sale of motor vehicles at lawful motor vehicle dealerships shall comply with the following:
1.
If the area to be used for the outside display and sale of motor vehicles ("the area") contains no temporary sign as defined and regulated by section 14-700 et. seq., except as permitted under section 14-704.H, no elevated platform for the display of an automobile or any form of advertising or device intended to attract attention to the area, then the area shall comply with the off-street parking set backs as set out in section 8-302.A.4.
2.
If the area used for the outside display and sale of motor vehicles ("the area") contains at least one temporary sign as defined and regulated by section 14-700 et. seq. except as permitted under section 14-704.H., any form of advertising or device intended to attract attention to the area, then the area shall be unlawful unless the area complies with the required principal building set backs as set out in section 8-302.A.3.
3.
During sales events as defined provided for in section 14-704.H.1.d., if one temporary sign, or more, approved pursuant to section 14-704.H.1.d. is to be located in the area used for the outside display and sale of motor vehicles ("the area"), then the area shall comply with the following to qualify for the setback provided in section 8-302.F.1. otherwise the area shall comply with the required principal building set backs as set out in section 8-302.A.3.
a.
Each sign approved pursuant to section 14-704.H.1.d. and located in the area must remain lawful for the duration of the time each sign remains in the area.
b.
This subparagraph 3. shall not be construed to enlarge or restrict the meaning or application of section 14-704.H.1.d.
4.
The area used for the outside display and sale of motor vehicles shall not be located in or encroach upon fire lanes, required parking spaces, pedestrian walkways or water and sewer easements owned by the city.
5.
All required buffer yards surrounding the area shall be maintained in accordance with article 19.
6.
The area used for the outside display and sale of motor vehicles shall be depicted on a preliminary and final site plan approved pursuant to article 18. No outside display or sale of motor vehicles shall occur outside the area depicted on a preliminary and final site plan approved pursuant to article 18. Final site plans approved before the effective date of this ordinance may be amended specifically to depict the set back for the area to conform with this section as amended. Such amendment to a final site plan shall be considered a minor deviation under section 17-114.
(Ord. No. 95-O-197, 10-24-95; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-125, 8-17-04; Ord. No. 05-O-015, 3-8-05; Ord. No. 07-O-120, 7-17-07; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 24-O-005, 1-16-24)
This district is designed to provide for manufacturing and related uses which cannot meet the performance standards required of light industry. This district is intended to permit manufacturing, compounding, processing, packaging, assembly, or other treatment of finished products from previously prepared material, subject to performance standards covering potential adverse impacts on the natural and human environment. This district shall not be established within the rural overlay district unless it is part of an agricultural operation or appropriately located within a designated transportation corridor overlay district or major activity center established by the adopted Comprehensive Plan which specifically encourages manufacturing; or within a special overlay district (e.g., the Fentress Airfield overlay district) which specifically allows manufacturing.
(Ord. No. 05-O-014, 3-8-05; Ord. No. 17-O-081, 11-21-17)
All properties located within the M-2 general industrial district shall comply with the development standards for the M-1 light industrial district, set out above.
This district is established for moderately intensive water-oriented commerce and industry along the southern branch of the Elizabeth River where the channel has been improved for deep draft navigation. The intent of this district is to ensure that those properties having direct river channel access are utilized for port-related activities. To ensure the appropriate utilization of the limited water-related resources available in the city, uses permitted in the M-3 district must be water-related in some significant way. Anticipated uses include ship manufacturing and repair, storage, wholesaling, distribution and certain specified manufacturing activities that are dependent on water access. This district shall be served with public water and sewer.
A.
Application of M-1 light industrial district standards. All properties located within the M-3 waterfront industrial district shall comply with the development standards for the M-1 light industrial district.
B.
Requirement of water-related activity. Except as provided for in subsection (C) below, a use included in the table of permitted and conditional uses for the M-3 waterfront industrial district must utilize its water access as an integral component of its operation and shall include a port or docking facility on the property as part of its operation. Each site plan for such use shall clearly show the location of such port or docking facility and the manner in which it will be utilized.
C.
Nonwaterfront-related uses permitted on certain M-3 sites. Uses allowed as permitted or conditional uses in the M-2 general industrial districts but not included in the table of permitted and conditional uses for the M-3 waterfront industrial district and uses otherwise allowed in the M-3 waterfront industrial district but lacking the required port or docking facility or operation shall nevertheless be allowed on property located in the M-3 waterfront industrial district if the property meets the following conditions:
1.
A portion of the property is reserved for future waterfront industrial development, provided that such portion has the following: (a) sufficient area and dimensions to meet the development standards of this article; and (b) a depth at all points of 500 feet or more, measured from the property's mean high watermark; and
2.
The size and configuration of the remaining portion of the property is sufficient for the location of a nonwaterfront-related industrial use that complies with the applicable requirements of this ordinance and other applicable law; and
3.
Sufficient access is provided to the waterfront site to meet the requirements of this ordinance.
The site plan for any such nonwaterfront-related industrial use on such property shall include specific provisions to ensure appropriate road access to the reserved waterfront site and such additional information as the planning commission or the reviewing departments may require.
A.
In general. The following tables set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in all industrial districts in the city. Where a use is not listed it shall be presumed that it is not allowed as a permitted or conditional use in these districts; provided that in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use and such proposed use is also listed in the Standard Industrial Classification (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.
B.
Key of symbols used in tables. The symbols in the tables below shall have the following meanings:
C.
Special conditions pertaining to specific uses. The following conditions shall apply to specific uses, as indicated in the "condition" column in the uses schedule:
1.
The following standards shall apply to the keeping of livestock:
a.
The minimum area of any parcel proposed for the keeping of livestock as a principal use shall be 5 acres or one (1) animal per every 5,000 square feet, whichever is greater; provided, however, that no such limitation shall apply to nongrazing animals, such as fowl, domesticated rabbits or hares.
b.
Stable or housing for livestock shall be constructed in accordance with section 14-102.B.7.
2.
Kennels and veterinary hospitals shall be developed and operated in accordance with section 13-800 et seq. and section 14-102.B.7. of this ordinance.
3.
See section 13-2200 et seq. of this ordinance for supplemental regulations.
4.
See chapter 26, article VI (section 26-221 et seq.), of the city Code and section 13-1200 of this ordinance for supplemental regulations.
5.
See article 14 for regulations pertaining to storage yards and areas.
6.
See section 13-1300 of this ordinance for supplemental regulations.
7.
Reserved.
8.
See section 13-400 et seq. of this ordinance for supplemental regulations.
9.
All operations shall be approved by the fire chief and risk management.
10.
See section 13-1700 et seq. of this ordinance for supplemental regulations.
11.
See chapter 19, article II (section 19-51 et seq.), of the city Code and section 13-1200 et seq. of this ordinance for supplemental regulations.
12.
See section 13-1200 et seq. of this ordinance for supplemental regulations.
13.
See section 13-600 et seq. of this ordinance for supplemental regulations. Administrative review-eligible projects shall only be permitted if the requirements of section 13-602 are satisfied.
14.
See section 13-900 et seq. of this ordinance for supplemental regulations.
15.
See chapter 14, article VI, section 14-271 et seq. of the City Code for supplemental regulations.
16.
See section 13-1900 et seq. for supplemental regulations.
17.
See section 13-1100 et seq. of this ordinance for supplemental regulations.
18.
An outdoor play area of at least one hundred (100) square feet per child and an indoor play area of at least 25 square feet per child shall be provided. See section 13-500 et seq. for additional regulations.
19.
Shall be permitted only in an industrial park, as defined in this ordinance.
20.
Solid waste management facilities, as defined in section 62-86 of the city Code, shall be developed and operated in compliance with the requirements of article II and article IV of chapter 62 of the city code.
21.
Permitted only on municipal (Chesapeake) sites and as permitted in section 13-602 of this ordinance.
22.
Netting shall be required for driving ranges along any property line, or portion thereof, which is located (1) less than one hundred fifty (150) yards to the rear or to either side of a tee area, or (2) less than three hundred (300) yards in front of a tee area. Where required hereunder, the netting shall be installed between the driving range and required landscape buffers. If no landscape buffer is required under article 19 of this ordinance, the netting shall be installed no less than ten (10) feet from the property line at issue. Notwithstanding fence height restrictions in article 14 of this ordinance, the netting shall not be less than thirty-five (35) feet in height. In issuing a conditional use permit for a driving range, the city council may vary the standards herein by stipulation. In any case, netting requirements may be waived by city council or where no conditional use permit is required, by the planning commission as a special exception, where it is determined that existing trees and shrubs border the driving range in such a manner as to provide neighboring properties with the same level of protection from golf balls as would netting.
23.
Solid waste transportation terminals, as defined in section 62-86 of the City Code, shall be deemed a solid waste management facility and shall require a conditional use permit in all industrial zoning districts. The handling, processing or storage of sulfur or sulfuric acid shall be prohibited in the M-1 (Light Industrial) and M-2 (General Industrial) zoning districts, except for incidental or accessory amounts associated with an otherwise lawful principal use.
24.
A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption that meets one of the following conditions:
a.
The eating or drinking place is open for business after 12:00 a.m. and any portion of such property containing an eating and drinking place is located within two hundred (200) feet of any lot line of a lot containing any property zoned or used for residential purposes. Where an eating and drinking place is located in a shopping center, the two hundred (200) foot distance shall be measured from the outer walls of the unit or space in which the eating and drinking place is located.
b.
The eating or drinking place is adjacent to the following:
i.
Property containing a church in a freestanding building;
ii.
Property containing a public or private school in a freestanding building;
iii.
Hospital in a freestanding building, or
iv.
Daycare center in a freestanding building.
c.
A conditional use permit shall not be required if one of the following exceptions applies:
i.
The structure or unit in which the eating and drinking place is located is separated from property containing a church, or property containing a public or private school by a street at least sixty (60) feet in width which is owned and maintained by the city or the Commonwealth.
ii.
For purposes of subsection b. only, the eating and drinking place is located in a shopping center. For purposes of this section, shopping center shall mean a group of retail or other commercial establishments that functions as a unified commercial development.
25.
All racetracks, including without limitation, racetracks for motor vehicles, animals and drag strip races, shall be subject to the supplemental regulations and criteria set out in section 13-2300 et seq.
26.
No such establishment shall be used for private gain. An assembly use located in, or that will be located in, a building containing more than one leasable space that is required by article 18 to undergo site plan review shall submit all of the following in addition to the requirements of article 18:
a.
A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section 19-411 or by obtaining approval of a cooperative parking arrangement under section 19-405. If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included.
b.
A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code and all amendments.
c.
A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended.
d.
A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space.
Units and spaces in which assembly uses operate shall comply with the Virginia Statewide Building Code, as amended.
27.
Tattoo parlors shall be established and operated in accordance with applicable provisions in chapter 38 of the City Code. Additionally, in order to protect and preserve the vitality of commercial districts and the overall quality of life in Chesapeake, no tattoo parlor shall be located within six hundred (600) feet of any other tattoo parlor.
28.
In order to protect the public safety and welfare of the community, to ensure the compatibility of uses of land, and to prevent adverse effects on the uses of land listed below; probation, parole, and similar correctional or penal services shall be prohibited if any property, structure, or improvement containing such use will be located within one thousand (1,000) feet of the line of any property that:
a.
Is used for public or private school purposes;
b.
Is zoned for or used for residential purposes;
c.
Is used for child care purposes;
d.
Is used as a public park; or
e.
Is used for religious purposes.
No master development plan or approved development criteria shall supersede this prohibition.
29.
Massage therapy establishments and massage therapists must comply with all applicable requirements of the city code to be a permitted use.
30.
A conditional use permit shall be required for any central disposal system, including without limitation, private sewage package plants, and for any regional drainfield serving more than one industrial parcel. In addition to the criteria in article 17, city council shall apply the level of service tests for roads and schools set out in Planning and Land Use Policy in the adopted Comprehensive Plan. The stipulations imposed on this conditional use permit shall be in compliance with the dictates of Virginia Code Section 15.2-2157. An individual septic system that serves only one industrial parcel shall be exempt from the conditional use permit requirement.
31.
Concrete and material crushing operations shall be subject to the following standards to obtain and operate under a conditional use permit:
a.
Crushing operations and material stockpiles shall be setback at least 1000 feet from any residential structure. City Council may reduce this setback with the approval of a conditional use permit to a minimum of 500 feet if all crushing will occur indoors and the reduction will not adversely affect nearby existing residences. City Council may also approve the setback reduction up to 500 feet for outdoor crushing with appropriate conditions to control dust, other fugitive particles and noise from adversely affecting adjacent properties.
b.
Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. unless otherwise approved by City Council with a conditional use permit.
c.
No permanent storage of materials shall occur on-site. Approval of a conditional use permit may include conditions to specifically limit or prohibit storage of material.
32.
Concrete and material crushing operations that are temporary in nature shall be exempt from the requirement of a conditional use permit and shall be permitted only in the industrial zoning districts, subject to the following standards:
a.
A zoning permit is issued in accordance with section 20-102.A.2.d before crushing commences. An application shall include such information as necessary for the director of development and permits, or designee, to determine compliance with these standards.
b.
The crushing operation shall not last longer than thirty (30) days. An extension may be approved by the director for an additional period up to thirty (30) days. No permit shall be reissued for the same site within twelve (12) months.
c.
The crushing operation shall be setback at least 500 feet from any residential dwelling subject to a determination by the director that the operation will include sufficient measures to control dust and other fugitive particles.
d.
Only materials existing at the site shall be crushed. No materials shall be imported to the site for crushing.
e.
Only materials specifically approved by the zoning permit shall be crushed.
33.
See section 13-2000 et seq. of this ordinance for supplemental regulations.
34.
The handling, processing or storage of sulfur or sulfuric acid shall be prohibited in the M-1 (Light Industrial) and M-2 (General Industrial) zoning districts, except for incidental or accessory amounts associated with an otherwise lawful principal use.
35.
No satellite wagering establishment shall be permitted within two hundred (200) feet of any lot line of any property zoned or used for residential purposes. Said restriction shall be imposed to protect the health, safety and welfare of the inhabitants of the city. Where such establishment is located in a shopping center, the 200-foot distance shall be measured from the outer walls of the unit or space in which the business is located. Satellite wagering establishments shall be conducted in accordance with the dictates imposed on pari-mutuel wagering in Title 59.1 of the Virginia Code, 1950, as amended.
36.
See section 13-2700 et seq. of this ordinance for supplemental regulations.
37.
A beauty shop may offer or provide permanent cosmetic tattooing (also known as permanent makeup or micropigmentation) and/or reconstructive tattooing as part of a full-service beauty salon that offers a wide range of services and where the tattooing activity is conducted as an accessory service and operated in accordance with applicable provisions in chapter 38 of the City Code. For purposes of this provision, permanent cosmetic tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face that is limited to eyebrows, eyeliner, lip coloring, lip liners, full lips, cheek blush, and eye shadow. For purposes of this provision, reconstructive tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin that is limited to breast and scar repigmentation or camouflage.
38.
See Section 13-3200 of this ordinance for supplemental regulations.
39.
Animal crematories shall only cremate or otherwise dispose of animal remains. No animal crematory shall cremate or otherwise dispose of any human remains. An animal crematory may utilize an alkaline hydrolysis method of disposal.
D.
Retail uses in the industrial districts. All permitted and conditional uses in the B-2 district not listed in the table of permitted and conditional principal uses below shall be permitted or conditional as specified in section 7-602 of this ordinance in all industrial districts subject to the conditions set out below. Where uses are listed in both section 7-602 and section 8-602, the classification of the use as permitted or conditional and all special conditions and parking requirements pertaining to the use shall be determined by reference to section 8-602. General business (B-2) uses shall be allowed in industrial districts as follows:
a.
The property shall have frontage on one of the following arterial roads: Atlantic Avenue, Bainbridge Boulevard, Battlefield Boulevard, Campostella Road, Centerville Turnpike, Dominion Boulevard, George Washington Highway, Indian River Road, Military Highway, and Taylor Road.
b.
The use of the property for general business (B-2) purposes shall be limited to only that portion of the property located within the first 500 feet measured from the front lot line. The size and configuration of the portion of the property used for general business purposes shall comply with applicable requirements of this Code and other laws.
c.
The portion of the property uses for general business purposes shall comply with requirements for setbacks, parking, lot configuration, landscaping and all other development standards applicable to B-2 general business zoning districts as set out in this Code.
d.
A portion of the property shall be reserved for future industrial development, provided that the reserved area is of sufficient area and dimensions to meet the development standards of this article and that sufficient access is provided to the reserved area in accordance with the requirements of this Code.
e.
Preliminary site plan review by the planning commission shall be required unless the planning commission has designated the planning director as the approval authority for the preliminary site plan under section 18-202.
f.
Retail establishments having a gross floor area exceeding 50,000 square feet shall comply with the development criteria in section 13-2500 of this Code.
(Ord. No. 95-O-135, 7-18-95; Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-096, 7-24-97; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-142, 11-16-99; Ord. No. 01-O-032, 4-17-01; Ord. No. 01-O-043, 5-8-01; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-075, 6-21-05; Ord. No. 05-O-147, 11-22-05; Ord. No. 06-O-053, 5-16-06; Ord. No. 07-O-077, 5-15-07; Ord. No. 09-O-005, 1-20-09; Ord. No. 09-O-125, 11-10-09; Ord. No. 10-O-114, 9-21-10; Ord. No. 12-O-014, 2-21-12; Ord. No. 12-O-098, 10-16-12; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 20-O-058, 6-16-20; Ord. No. 21-O-098, 9-21-21; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-098, 10-17-23; Ord. No. 23-O-109, 11-28-23)
SECTION 8-602. TABLE OF PERMITTED AND CONDITIONAL USES
IN INDUSTRIAL DISTRICTS
(Ord. No. 94-O-198, 9-27-94; Ord. No. 95-O-135, 7-18-95; Ord. No. 96-O-106, 7-16-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-177, 11-19-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-096, 7-24-97; Ord. No. 98-O-011, 1-20-98; Ord No. 98-O-162, 11-17-98; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-104, 7-20-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-147, 11-22-05; Ord. No. TA-Z-07-10, 8-21-07; Ord. No. 09-O-125, 11-10-09; Ord. No. 10-O-114, 9-21-10; Ord. No. 10-O-129, 10-19-10; Ord. No. 12-O-098, 10-16-12; Ord. No. 15-O-134, 11-17-15; Ord. No. 16-O-072, 7-19-16; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-002, 1-16-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-098, 10-17-23; Ord. No. 23-O-109, 11-28-23; Ord. No. 25-O-007, 2-18-25)
*See section 8-601(C)
**See section 19-411