Recognizing that certain uses may be desirable when located in the community, but that these uses may be incompatible with other uses permitted in a district, certain special uses listed in section 4, below, when found to be in the interest of the public health, safety, morals and general welfare of the community, may be permitted in any district from which they are prohibited. Before the location or establishment thereof, or before any change of use of the premises existing at the time of the effective date of the regulations, or permitted as herein provided, is made, preliminary plans in sufficient detail, and a statement as to the proposed use of the buildings, structures and premises, shall be submitted to the planning commission. The commission shall hold a public hearing as provided in article 28, and shall review such plans and statements and shall, after a careful study thereof and of the effect that such buildings, structures or uses will have upon the surrounding territory, submit a recommendation to the city council within thirty (30) days following said hearing. Following receipt of the commission's report, the city council may permit such buildings, structures or uses, where requested; provided, that the public health, safety, morals, and general welfare will not be adversely affected, that ample off-street parking facilities will be provided, and that necessary safeguards will be provided for the protection of surrounding property, persons, and neighborhood values.

Any special use listed in section 4, below, existing at the effective date of these regulations, shall be considered a nonconforming use, unless it has qualified as provided above, and has been approved as a "special use" by the city council.

When [such changes are] found to be in the interest of the public health, safety, morals, and general welfare, the board of zoning appeals is hereby authorized to approve any and all additions or structural alterations to special uses after they have qualified and have been approved by the city council.

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

(1)

Airports and landing fields;

(2)

Circus or carnival grounds, temporary for a specified period;

(3)

Drive-in theater;

(4)

Fairgrounds;

(5)

Public utilities or public service uses, buildings, structures or appurtenances thereto, including limited off-street parking adjoining, or adjacent to, the property when located in a residence district; provided no business involving the repair, servicing or sale, or display of vehicles shall be conducted on such parking area; and no structures, including signs, will be erected on the parking area; and no charge will be made for parking within the premises; and the parking will be set back from the street in keeping with the existing front and side yard regulations of the residence district;

(6)

Public or government buildings;

(7)

Hospitals or sanitariums;

(8)

Cemetery;

(9)

Sports arena or stadium;

(10)

Race track;

(11)

Radio or television tower or broadcasting station;

(12)

Child care centers in residential district.

(13)

Bed and breakfast inn in R-3, R-4, R-5, and RB districts meeting the following requirements:

(a)

Permitted capacity of two (2) persons per sleeping room, not to exceed a maximum of twenty (20) persons per structure;

(b)

One-half (½) off-street parking space per sleeping room;

(c)

Resident-manager on premises;

(d)

Permitted sign area not to exceed two (2) square feet;

(e)

Other requirements as deemed necessary to provide for the protection of surrounding property, persons, and neighborhood values.

(14)

Operations involving shredding, cutting or otherwise processing of used or discarded tires, or operations involving the storage, distribution, or sale of used tires or discarded tires, even if such operation is ancillary to the main use of the site. Notwithstanding any other regulations within this article, these uses may only be permitted in M-1 and M-2 zoning districts.

(15)

Nightclub in B-2 and M-1 zoning districts only and subject to the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare:

a.

A nightclub shall not serve alcoholic beverages to customers between the hours of 2:00 a.m. and 6:00 a.m.;

b.

A menu shall be provided containing an assortment of foods which shall be made available at all times the establishment is open. A food menu and full dining service shall be available at the bar;

c.

No door to the establishment which opens onto or faces a public right-of-way shall be propped open during any time that entertainment is being provided;

d.

The establishment shall maintain a current, active business license at all times while in operation;

e.

The establishment shall remain current on all food beverages taxes and business personal property taxes which may become due while it is in operation;

f.

An application for a nightclub use shall include a management program with required elements as follows:

1.

Staffing levels;

2.

Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor, and standing room areas and capacity; this floor plan shall be posted on the premises in a prominent location viewable by patrons;

3.

Total occupant load; the total occupant load shall not exceed what is permitted in the Virginia Statewide Building and Fire Prevention Codes as amended.

g.

An application for a nightclub use shall include a security plan with provisions for the following:

1.

The employment of licensed security personnel trained in crowd control, conflict resolution, and emergency response; security personnel shall be tasked with ensuring occupancy does not exceed what is permitted;

2.

Procedures, features, arrangements, and staffing levels for security and crowd management during and immediately following hours of operation.

h.

The establishment shall implement soundproofing measures to minimize noise within the establishment and in the surrounding area, to prevent disturbances audible beyond the property line with the doors closed;

i.

A special use permit granted for a nightclub use shall be subject to review two (2) years after approval for compliance with the conditions of approval.

(16)

Boarding, rooming, or lodging houses such to be permitted only in R-5 and B-2 zoning districts.

(17)

Convalescent and nursing homes such to be permitted only in R-5 and B-2 zoning districts.

(18)

Adult book store, adult entertainment establishment, adult motion picture theater and adult video store such to be permitted only in the B-2 zoning district.

(19)

Vehicle rebuilder, such to be allowed only in the M-1 and M-2 zoning districts.

(20)

Vehicle removal operator, vehicle storage lot, or vehicle tow lot, such to be permitted within the M-1 and M-2 zoning districts only.

(21)

Auto body shop and vehicle painting operations not accessory to a new-vehicle dealership such to be permitted only in the B-2, M-1, and M-2 zoning districts only.

(22)

Stand-alone used vehicle sales not associated with a new-vehicle dealership or not located upon the same parcel as such new-vehicle dealership, if located upon parcels of less than one acre in area, such to be permitted within the B-2 and M-1 zoning districts only.

(23)

Stand-alone vehicle repair, to include general automobile repair shops, truck repair shops, transmission repair shops, engine repair shops, car washes or car washing and detailing operations, and similar facilities, such to be permitted within the B-2 and M-1 zoning districts only.

(24)

Small engine repair shop to be allowed within the B-2 and M-1 zoning districts only.

(25)

Tractor-trailer service station, to be allowed within the B-2, M-1, and M-2 zoning districts only.

(26)

Automobile service stations, to be permitted within the B-2, M-1, and M-2 zoning districts only.

(27)

Boat, semi-trailer truck, or recreational vehicle dealerships, to be allowed in the B-2 and M-1 zoning districts only.

(28)

Contractor storage yards such to be permitted within the M-1 and M-2 zoning districts only.

(29)

Mulching or composting facilities or yards such to be permitted within the M-1 and M-2 zoning districts only.

(30)

Mini-storage facilities or self-storage facilities such uses permitted within the B-2, M-1, and M-2 zoning districts only.

(31)

Homeless shelter.

(32)

Private Jails, halfway houses, or private prisons, whether for-profit or non-profit, such to be permitted within the B-2 zoning district only.

(33)

Hotels and motels providing fewer than forty-five (45) guest rooms, such to be permitted within the B-1, B-2, B-3, and MXD-2 districts only.

(34)

Mobile home sales or the sales, storage, or display of modular housing units or mobile homes, such to be permitted within the M-1 district only.

(35)

Height waiver for commercial uses including, but not limited to, hotels, offices, and other retail or commercial uses that have been determined by city council to promote and further the city's long-term economic needs and which have been determined by city council to be consistent with the city's strategic plan and goals.

(36)

Professional and Business Offices in the R-3 (Two-Family Residence) district, with the following conditions:

a.

Operating hours limited to 7:30 a.m. to 7:00 p.m. Monday-Saturday;

b.

No exterior alterations to the residence;

c.

Not transferable;

d.

If in a historic district; signage requires approval from ARB, all signage limited to an aggregate of fifteen (15) square feet;

e.

No more than two (2) employees;

f.

4,500 square foot minimum size of the main structure with the use limited to the first floor of the residence, and the business and professional use not to exceed fifteen hundred (1,500) square feet of the first floor area;

g.

Three (3) Off-street parking spaces provided on-site.

(37)

Multiple dwellings as authorized in and controlled by the "R-5" Multiple Dwelling, such special use permits to be allowed only in the B-2 and B-3 districts.

(38)

Recreational substances retail (both off-site and on-site use) located at least 1,000 linear feet from the property line of any child day care center or public, private, or parochial school, such to be permitted within the M-1 district only.

(39)

Small box discount stores, such to be permitted within the B-1, B-2, B-3, M-1, MXD-1, and MXD-2 districts only, with the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare:

a.

A new small box discount store shall be located at two (2) miles from any existing small box discount store;

b.

A minimum of ten (10) percent of floor space shall be dedicated to the sale of fresh foods as defined by the United States Food and Drug Administration.

(40)

Short-term loan establishments, such to be permitted within the B-2 and M-1 districts only, with the following conditions in addition to any others necessary to safeguard impacts to public health, safety, morals, and general welfare:

a.

The short-term loan establishment shall be located at least two thousand (2000) feet from any parcel occupied by an adult entertainment establishment;

b.

The short-term loan establishment shall be located at least two thousand (2000) feet from any residential zoning district or existing residential use;

c.

The short-term loan establishment shall be located at least two thousand (2000) feet from any parcel occupied by a religious assembly or institution; a school or child-care center serving students in grades K-12; a public park, public playground, or public recreation and community building; or a public library;

d.

The short-term loan establishment shall be located at least two thousand (2000) feet from another short-term loan establishment.

(41)

Data centers which cannot meet the standards of Article 17, Section 2.3 or Article 18, Section 2.6, such to be permitted within the M-1 and M-2 districts only.

(42)

Short-term rental where a dwelling unit is not legally occupied by the property owner as their primary residence except those exempted by Article 39, such to be permitted in the R-3, R-4, R-5, R-6, RB, MXD-1 and MXD-2, B-2, and B-3 Districts only.

(Ord. No. 19-41, 9-17-2019; Ord. No. 19-44, 9-17-2019; Ord. No. 23-20, Exh. A, 3-21-2023; Ord. No. 24-ZTA-03, Exh. A, 7-30-2024; Ord. No. 24-65, Exh. A, 12-17-2024; Ord. No. 24-66, Exh. A, 12-17-2024; Ord. No. 2025-011, Exh. A, 1-21-2025; Ord. No. 2025-012, Exh. A, 1-21-2025; Ord. No. 2025-RES-041, Exh. A, 6-17-2025)

(1)

Definitions.

a.

Antenna. Any exterior apparatus designed for radio, telephone or television communications through the sending and/or receiving of electromagnetic waves.

b.

Co-locate. To locate on an existing structure with another user of that structure. For this purpose, structure includes but is not limited to existing telecommunication towers, power or telephone poles, light poles, water towers, buildings, or similar structures.

c.

Communication tower. A free-standing structure more than six feet in height, or a structure erected on a building and extending more than ten feet above the roof line thereof on which are mounted antennas, receivers, transmitters or other devices for the receipt or transmission of broadcast of cable television, microwave, radio, telephone, open video, PCS (personal communication system) or other communication signals. For purposes of this section, single use, noncommercial antennas shall be excluded from this definition and shall be limited in accordance with other applicable provisions of this Ordinance.

(2)

Special use permit requirement. Notwithstanding Section 4 of Article 23, or any other provision of this zoning ordinance, no communications tower shall be erected on any property in any zoning district until a Special Use Permit has been issued for such tower. No such permit shall be required to co-locate an antenna on an existing structure so long as the addition of said antenna shall not add more than ten (10) feet to the height of said structure and shall not require additional lighting pursuant to FAA or other applicable requirements.

(3)

Criteria. In evaluating an application for a Special Use Permit for a telecommunications tower the Planning commission shall apply criteria set forth in the document titled "Guidelines for Use by the Petersburg Planning Commission for the Siting of Telecommunications Towers Through the Special Use Permit Process." Said document is incorporated by reference into this ordinance. In addition, the Planning Commission and the City Council shall examine and apply the following criteria:

a.

The availability and technical and economic feasibility of using existing communications towers in the city or neighboring localities to co-locate the communications facilities required by the applicant.

b.

If the proposed tower is freestanding, the feasibility of using an alternate location on top of an existing multi-store structure.

c.

The visual and economic impact of the proposed tower on adjoining and nearby residential and commercial properties.

d.

The proximity of the proposed location to designated historic structures or districts, within the guidelines of Section 106 of the National Historic Preservation Act of 1966.

(4)

Site plan required. A site plan to scale shall be filed with the application for a Special Use Permit. The application, including the site plan, shall be submitted to the Clerk of Council. Said site plan shall be signed and sealed by appropriate licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency, tower height requirements, tower type, guy anchors (when used), buildings, scaled elevations and other supporting drawings, calculations and documentation of other accessory uses; vehicular access, parking, fencing and screening, landscaping, zoning, ownership, and use of adjoining properties and any other information deemed appropriate by the Director of Planning. In addition, applicant shall provide actual photographs of the site which include a simulated photographic image of the proposed tower in its proposed setting.

(5)

Insurance and bond. Any Special Use Permit granted under this section shall be conditioned on the applicant's providing (a) evidence of casualty and liability insurance to protect adjacent property owners, the City, and other parties in the event of collapse, and (b) a bond in an amount sufficient to guarantee the safe and efficient removal of the communications tower in the event its use for communications purposes is discontinued for a continuous period of one year.

(6)

Non-discrimination among providers; access to service. It is the intent of City Council that all types of communications service be made available to citizens of the City, and that competition among providers of such services be encouraged. In applying the provisions of this section, the Planning Commission and City Council shall not unreasonably discriminate among providers of functionally equivalent communications services. No action under this section shall prohibit or have the effect of prohibiting the provision of personal wireless services or any other type of communications service.

(7)

Prompt consideration. All requests for Special Use Permits under this section shall be acted upon within a reasonable time after they are filed with the Clerk of Council, taking into account the nature and scope of the requests. In the case of any application for a communications tower to provide "personal wireless services" as defined in federal law, the Planning Commission shall conduct its public hearing at the first possible meeting that the request can be heard by the Planning Commission after the application is received by the Clerk of Council, and shall promptly forward its recommendation to the City Council which will take action thereon.

Failure of the Planning Commission to act on an application for a telecommunications facility within ninety days of its submission to the Commission shall be deemed recommendation for approval of the application by the Commission unless the City Council has authorized an extension of time for consideration or the applicant has agreed to an extension of time. The City Council may extend the time for action by the Planning Commission for no more than sixty additional days. If the Commission has not acted on the application by the end of the extension, or by the end of such longer period as may be agreed to by the applicant, the application is deemed recommended for approval by the Commission. Except as may otherwise be required by State or Federal law, the time limitations contained in this subsection shall be the sole controlling limitations relating to Planning Commission consideration of requests for permits for communication towers.

(8)

Explanation of denial. If the City Council denies an application for a permit under this section, it shall furnish the applicant a written explanation of its reasons, citing specific evidence in its or the Planning Commission's written records, and including measures, if any, which the applicant may take in order to make the proposed communications tower location acceptable to the City Council.

No accessory building shall be constructed upon a lot until the construction of the main use building has been actually commenced.

No accessory building shall be used unless the main building on the lot is also being used. No cellar or basement shall be used as a dwelling prior to substantial completion of the dwelling of which it is a part.