The Entertainment and Resort Casino (ERC) District establishes standards and conditions for the development and operation of an entertainment and/or casino gaming establishment including accessory uses while promoting the public, health, safety, and general welfare to ensure development is compatible with existing and future land uses.

Because of the special characteristics of the uses permitted within the ERC District, in particular casino gaming establishments, the purpose of this district is to provide flexibility in parking, signage, exterior lighting, building heights, setbacks, and other standards not typically permitted elsewhere in the city.

The ERC District is subject to the entirety of Appendix B, unless otherwise stated in this article or in conflict. Where the standards governing the ERC District expressly conflict with any other provision of this Ordinance, the standards governing the ERC District shall control, unless expressly stated otherwise in the ERC District regulations. The regulations contained in this article are supplemented or modified by regulations contained in other articles of this ordinance. The following articles in their entirety do not apply to development within the ERC District: Article 22, Article 20, and Subsections 4.1 and 4.4 of Article 25.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

The primary land use for this district shall be a casino gaming establishment. The following additional uses or uses identified as similar or accessory to shall be permissible:

(1)

Casino gaming establishments, including accessory uses, buildings, and structures customarily subordinate, incidental, and on the premises of such casino gaming establishments;

(2)

Hotels and motels;

(3)

Entertainment, cultural and recreational uses (including theatres, art galleries, libraries, museums, entertainment venues, private clubs, lodges, amusement centers, and other recreational facilities);

(4)

Retail sales establishments;

(5)

Personal services, including but not limited to beauty and barbershops, accountant and tax services, fitness centers, attorney offices and any other comparable services;

(6)

Pharmacies;

(7)

Business and professional offices, and office buildings and research laboratories;

(8)

Restaurants, including without limitation drive-in restaurants, mobile food units, carry-out establishments;

(9)

Coffee shops;

(10)

Ice cream parlor;

(11)

Convention center;

(12)

Multiple-family dwelling;

(13)

Incidental uses in multi-family dwellings and office buildings for the convenience of the occupants thereof, including but not limited to restaurants, beauty parlors and barbershops;

(14)

Athletic and recreational facilities and fields to include golf courses;

(15)

Swimming pools, community buildings, and other similar related improvements;

(16)

Amusement places in an enclosed building, auditorium;

(17)

Outdoor advertising structures or signs as accessory to other permitted uses in the ERC District (excluding highway billboard signs; provided, however, that a pylon sign promoting a casino gaming establishment visible from surrounding rights-of-way shall not be considered a "billboard sign" hereunder);

(18)

Bowling alleys and billiard parlors;

(19)

Printing, publishing, and engraving establishments;

(20)

Child-care centers;

(21)

Micro-breweries, micro-distilleries, micro-wineries and/or micro-cideries;

(22)

Distilleries (alcoholic), breweries, and alcoholic spirits (non-industrial);

(23)

Automobile service station or self-service station (excluding automobile repair);

(24)

Medical clinics;

(25)

Garages, storage or parking;

(26)

Live entertainment;

(27)

Nightclubs as accessory to casino gaming establishment (and otherwise as a special use per Section 13, below);

(28)

Private clubs;

(29)

Private plazas;

(30)

Temporary buildings, including a temporary casino gaming establishment, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision, and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years from the time of erection of such temporary buildings, whichever is sooner;

(31)

Community clubs and community-operated playgrounds, parks and nonprofit little theater operations, and similar recreational facilities;

(32)

Public utilities, and poles, lines, distribution transformers, pipes, meters and other facilities necessary for the provision of maintenance of public utilities, as provided in Article 23;

(33)

Off-street parking, including parking decks/garages;

(34)

Nonprofit educational and philanthropic institutions;

(35)

Studios for an artist, photographer, sculptor, or musician, including teaching of art, music, dancing, or other artistic instructions;

(36)

Exposition buildings or centers;

(37)

Colleges and schools, public or private, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning;

(38)

Laundries;

(39)

Motion picture production;

(40)

Theaters, including a drive-in or outdoor theater, provided that drive-in or outdoor theaters shall not operate past 12:00 a.m.;

(41)

Banking offices and financial institutions;

(42)

Accessory buildings and uses;

(43)

Grocery store;

(44)

Helipad as accessory to other permitted uses in the ERC District.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

The minimum ERC District size shall be 75 acres.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

The maximum density for multiple-family dwellings in an ERC District shall be 40 units per acre, which shall be calculated for each separate ERC District based upon the entire acreage located within such ERC District. With respect to the total number of multiple-family dwelling units permitted for an ERC District hereunder, there shall be no limitation as to how many of such units may be located on each parcel within the ERC District (regardless of any subsequent subdivision or lot consolidation), but the total number of units throughout the ERC District shall not exceed 3,000 units.

(2)

Building height shall not exceed six stories, except for: (a) hotels and motels, office, and multiple-family dwellings which are permitted up to 30 stories, and (b) structured parking facilities, which are permitted up to eight stories. Buildings taller than six stories must incorporate design elements that enhance the pedestrian experience at the ground level. These include:

a.

A clearly defined, human-scaled base using materials or architectural details distinct from upper stories;

b.

Integration of architectural elements such as awnings, canopies, or arcades to provide shelter and visual interest.

c.

Setbacks or step-backs for any portion of the building above the sixth story, starting at a minimum of ten feet from the base to reduce visual bulk; and

d.

Building entrances that are prominent, well-lit, and oriented toward the pedestrian right-of-way.

(3)

Maximum building height: 400 feet.

(4)

Minimum yard requirements:

(a)

Front/Side Yard: None.

(b)

Rear Yard abutting property located within an ERC District: None.

(c)

Rear Yard abutting property not located within an ERC District: 25 feet.

(5)

There shall be no minimum lot area, lot width, lot coverage, or public road frontage requirements in an ERC District provided vehicular or pedestrian access for each lot is provided through a perpetual, unobstructed easement. Additionally, more than one main building may be located on each lot regardless of the use(s) of such building(s).

(6)

This Section is supplemented by the exceptions granted by Article 25, Section 2.

(7)

City Council may grant modifications to the density, buffering, landscaping, yard, or other requirements of the ERC District, for individual projects or lots within the ERC District after following a public hearing process as outlined in Article 28.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

This Article is not subject to the standards of Article 19, Off-Street Parking Regulations, with the exception of the following Sections, which apply:

(a)

All off-street parking shall be concrete, asphalt, pavers, brick, or porous pavement approved for use by the Department of Planning and Community Development.

(b)

Section 4, General, (1) and (2).

(c)

Section 8, Buffers required.

(2)

Structured Parking: Street-facing facades shall (a) be designed to be compatible with the principal building in terms of architectural style, texture, and quality, and (b) be screened at ground level by architectural and/or landscape screening. All non-street facing sides of parking structures, when not built to a zero set back on the property line, shall have a continuous minimum ten-feet wide landscaped strip between the structure and said property line, except at vehicular and pedestrian access openings.

(3)

Off-street, surface parking lots shall have a minimum landscaped area equal to at least ten (10) percent of the paved area of the lot. No more than fifteen (15) consecutive parking spaces may be provided without a landscape interior island. A landscape median island must be provided for every six (6) rows of single parking spaces. Median islands must be at least six (6) feet wide. Within median islands, walkways a minimum width of four (4) feet wide must be provided to connect such parking to sidewalks/walkways and to building entrances.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

Development in an ERC District, in particular casino gaming establishments, has unique needs for exterior lighting that require flexibility and would not typically be permitted in other areas of the city.

(2)

Exterior lighting must comply with state and federal regulations and must not interfere with any public roadways.

(3)

Exterior lighting must comply with Code of Virginia, Ch. 12, Title 33.2.

(4)

Notwithstanding any provision of the City Code to the contrary:

(a)

Upwardly directed lighting may be used to illuminate buildings, structures, and landscaping in the ERC District, provided the lighting does not spillover onto adjacent residential uses.

(b)

Awnings or canopies used for building accents over doors, windows, etc., may be internally illuminated (i.e., from underneath or behind the awning) in the ERC District.

(5)

Searchlights operated within the ERC District must comply with the following regulations:

(a)

Searchlights must not be operated so as to constitute a traffic hazard or a nuisance.

(b)

Searchlights must be so operated so as to avoid directing the beam at any building.

(c)

Searchlights must be so operated as to avoid directing the beam onto any adjacent property.

(d)

Searchlight beams must not be displayed at an angle greater than 45 degrees from the perpendicular.

(e)

Searchlights must not operate between 12:00 a.m. midnight and 5:00 p.m.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

Development in the ERC District, in particular casino gaming establishments, will have unique needs for signage that require flexibility and would not typically be permitted in other areas of the city.

(2)

Notwithstanding Article 21 of this Ordinance, there shall be no restrictions on the type, amount, or size of signage in the ERC District for the following uses (a) casino gaming establishments, and (b) uses (including, without limitation hotel(s), entertainment venues, commercial retail establishments, offices, restaurants, exhibition centers and convention centers) under common ownership or control (including affiliated entities) with a casino gaming establishment. Signage for the aforementioned uses shall require permitting as outlined in Article 21, Sections 3 and 3.1 except that multiple signs can be approved on a single permit. Such sign permits shall be approved unless proposed signage poses a threat to public health, safety, or general welfare.

(3)

All other uses in the ERC District shall be subject to the signage regulations set forth in Article 21 of this Ordinance.

(4)

All signage in the ERC District shall comply with applicable state and federal regulations, and the signs prohibited in Code of Virginia, § 33.2-1216 are prohibited in the ERC District.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

In lieu of any other noise regulations contained in the City Code (including, without limitation, those set forth under Chapter 50, Article II), the following noise regulations shall apply to all activities, operations, or sources within the ERC District:

(a)

The exterior noise limits for any source of noise in any ERC District cannot exceed 85 dBA between 9:00 a.m. and 12:00 a.m. midnight, when measured at the property line of a residential use.

(b)

The exterior noise limits for any source of noise in any ERC District must be reduced between 12:00 a.m. midnight and 9:00 a.m. so that when measured at the property line of a residential use the noise does not exceed 72 dBA.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

A minimum 15-foot landscaped buffer must be provided along any property line abutting property not located within an ERC District, utilizing natural vegetation and topography when possible or, when natural vegetation cannot be utilized, live grass, shrubs, hedges, trees and other landscaping materials, as approved by the Director of Planning and Community Development. Driveways, utility easements, signage, and sidewalks are allowed to encroach into the landscaped buffer. With respect to any portion of an ERC District having frontage along Interstate 95 or associated on/off ramps, the landscaped buffer shall be required for only sixty percent (60%) of such frontage provided that no single expanse without buffer meets the entirety of the 40 percent (40%) allowable.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

Five percent (5%) of the total development area included within each ERC District must consist of "open/amenity space", which shall include but not be limited to: plazas, green spaces, landscaped areas, natural preservation areas meeting the requirements of Section 10(2), green roofs, water amenities, pedestrian walkways, pedestrian facilities, or other similar features.

(2)

Above-ground stormwater drainage and/or retention facilities shall be considered as open/amenity space, provided the design incorporates landscaping, recreational elements, and/or public access features that enhance the aesthetic and functional value of the space, creating a usable community asset. Such elements or features may include pedestrian walkways, fountains, benches, supplemental plantings or other similar improvements.

(3)

There shall be no minimum open/amenity space requirement for the development of individual parcels within the ERC District (regardless of any subsequent subdivision or lot consolidation), and compliance with this Section 10 shall be determined based upon the entire development area located within the ERC District. Open/amenity space features should not be limited to a single location within the ERC District.

(4)

Streets are not to be considered in the calculation of open/amenity space. Plans for open/amenity space shall be submitted with the site plan for review by the Department of Planning and Community Development.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

Streets onto which buildings front and streets that serve as the primary corridors into the community shall provide sidewalks at least five (5) feet in width, with pedestrian scale lighting, native trees, and amenities such as seating, trashcans, and bicycle racks. Street sections must be submitted with the site plan to ensure compliance with this Code.

(2)

A 10-foot-wide area must be provided along each public or private roadway within an ERC District, which area will accommodate the listed amenities in Section 10(1), and will be developed concurrently with the adjacent roadway.

(3)

Blocks shall not exceed 2,400 linear feet. Enhanced pedestrian pathways can be utilized to break down blocks such as a wide promenade with art, landscaping, seating, and lighting.

(4)

Prior to the issuance of final site plan approval for a permanent Casino Gaming Establishment, a Traffic Impact Analysis (TIA) for such permanent Casino Gaming Establishment shall be completed. Any traffic improvements to City rights-of-way recommended by the TIA as the result of traffic generated by the permanent Casino Gaming Establishment shall be completed to the satisfaction of the City Engineer prior to the issuance of a final certificate of occupancy for the permanent Casino Gaming Establishment, unless the City Engineer approves a phasing plan that permits the construction of a portion of such improvements after the issuance of a final certificate of occupancy. Nothing in Section 11(4) shall preclude the issuance of a temporary certificate of occupancy prior to the completion of any improvements required hereunder.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

(1)

Development in the ERC District is exempt from Article 25, Sections 4.1 and 4.4, provided that all building exteriors must be clad in durable materials, to include, but not limited to, architectural block, brick, natural stone, fiber cement/concrete, stucco, and architectural metal cladding. Vinyl siding/cladding is prohibited as an exterior building material.

(2)

All dumpsters that are visible from a public road must be fully screened. The screening structure must consist of a masonry unit design enclosure and/or materials to match the adjacent building and a metal gate(s) that screens the view of the dumpster.

(3)

Sound barriers: Any sound barriers developed within this district shall be enhanced with architectural treatment, murals, or other treatment approved by the Director of Planning and Community Development in a manner which shall be architectural to provide interest and approximate human scale.

(4)

The temporary casino structure and any associated site improvements which will be removed or redeveloped following construction of the permanent casino gaming establishment, including but not limited to streets and parking areas, shall be exempt from the site standards outlined in the following portions of this article:

(a)

Section 5(3).

(b)

Section 9.

(c)

Section 10.

(d)

Section 11.

(e)

Section 12(1)—(3).

In lieu of meeting the standards outlined above, the temporary casino site shall include temporary site improvements to enhance aesthetics and guest experience. These improvements may include, but are not limited to, planters with greenery around the tent and within the parking lots, temporary art installations, string lighting, and other decorative elements as approved by the Department of Planning and Community Development. All temporary improvements shall be maintained in good condition for the duration of the casino's operation and removed upon cessation of activities.

(5)

Within each ERC District, right-of-way shall be provided by the property owner(s) upon request of the City in a mutually agreeable location for the installation of up to two (2) bus stops. The City may construct improvements associated with such bus stops at its own cost and expense.

(Ord. No. 2025-019, Exh. A, 2-25-2025)

The following special uses may be approved by the council, as provided in this article:

(1)

Any use not listed as a "permitted use", above, yet are listed within Appendix B as permitted uses or special uses.

(Ord. No. 2025-019, Exh. A, 2-25-2025)