A planned unit development-waterfront (PUD-W), overlay district may hereafter be established by amendment to the zoning map in accordance with the provisions set forth generally for planned development districts in article I, section 1-11 and article VIII.2 of the zoning ordinance with densities and uses in locations in accordance with recommendations of the comprehensive plan. These districts are intended to serve as neighborhoods or mini-neighborhoods within designated communities. These regulations are specific to the PUD-W Overlay District and are also subject to all requirements and provisions of article VIII.2. of this ordinance.

To encourage the community function, appropriate commercial uses are provided in addition to a variety of residential uses. It is intended that commercial development be limited to a scale appropriate to support the residential uses within the PUD-W, provided that additional commercial activity may be permitted upon a finding that the area in which the PUD-W is to be located is not adequately served by such use.

These regulations are intended to provide flexibility in residential development by providing a mix of residential uses with appropriate nonresidential uses, alternative forms of housing, flexibility in internal relationships of design elements and, in appropriate cases, increases in gross residential densities over that provided in conventional districts.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

Within residential areas approved on the master plan, permitted uses shall be as follows subject to the requirements and limitations of this ordinance:

(a)

By right.

(1)

Detached single-family dwellings;

(2)

Semi-detached and attached single-family dwellings such as duplexes, triplexes, quadraplexes, townhouses, atrium houses and patio houses when density is maintained, and when the buildings are located so that each unit can be provided with a lot meeting all other requirements for detached single-family dwellings except for side yards at the common wall;

(3)

Multiple-family dwellings;

(4)

Private roads, driveways, parking spaces, aisles and alleys;

(5)

Parks, playgrounds, clubhouses and noncommercial recreational and cultural facilities such as tennis courts, swimming pools, game rooms, libraries and similar uses, subject to Americans with Disabilities Act (ADA) requirements;

(6)

Privately owned electric, gas, oil and communication facilities, excluding tower structures and including poles, lines, transformers, pipes, meters and related facilities for distribution of local service and owned and operated by a public utility. Water distribution and sewerage collection lines, pumping stations; and appurtenances;

(7)

Public uses and buildings including facilities such as community centers, schools, offices, parks, playgrounds and roads funded, owned or operated by local, state or federal agencies, main lines or trunk lines for public water and sewer transmission, pumping stations and similar uses;

(8)

Temporary construction uses with valid permits;

(9)

Accessory uses and structures including home occupation, in accordance with the city zoning ordinance and storage buildings, in accordance with section 1-23 and article XIV of the city zoning ordinance; and

(10)

Stormwater management facilities shown on the approved final site plan or subdivision and plat.

(b)

By conditional use permit. The following uses shall be permitted only by conditional use permit, provided a separate application shall not be required for any such use included in the original PUD-W rezoning petition:

(1)

Day care, child care or nursery facility;

(2)

Rest home, nursing home, convalescent home or similar institution;

(3)

Regional electrical power substations, transmission lines and related towers, gas or oil transmission lines, pumping stations and appurtenances, and unmanned telephone exchange centers; and

(4)

Stand-alone parking and parking structures.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

Within commercial/service areas approved on the master plan, permitted uses shall be as follows subject to the requirements and limitations of this ordinance:

(a)

By right.

(1)

Municipal or private marinas, transient marinas and other facilities for the berthing, launching, protecting, or servicing of boats, yachts, cruisers, inboards, outboards, and sailboats, not including outdoor storage of boats.

(2)

Fueling stations, including the sale of propane gas, for the exclusive use by watercraft.

(3)

Commissary facilities for the provision of food, beverages, and similar products to be stored aboard boats.

(4)

Municipal or private beaches, parks, and other recreation areas.

(5)

Retail businesses which supply commodities for persons using facilities of the district such as the sale of boats, engines and accessories.

(6)

Restaurants, not including drive-in or drive-through. The exterior of the building shall be compatible with the other structures located in the PUD-W.

(7)

Retail sales including antiques, reproductions, art galleries, wearing apparel, groceries, books, magazines, cards, cameras, florists, gifts and souvenirs, hobby and crafts, household furnishings, furniture, jewelry, pharmacy and drugstores, sporting goods, tobacco products, toys, gourmet items, health foods, candy, specialty foods, bakery, delicatessen, ice cream shops, bait, tackle and marine supplies with no outside storage, bike store with accessory service, and retail-only fish and seafood sales.

(8)

Business, professional and professional services including barber(shops) and beauty shops, professional offices, business offices, sit down restaurants, music, dance, crafts, arts and similar instructional studios, and interior decorators.

(9)

Accessory structures and uses customarily incidental to the above permitted uses.

(b)

By conditional use permit. The following uses shall be permitted only by conditional use permit and shall comply with any applicable conditional use requirements:

(1)

Hull repair shops.

(2)

Mixed-use building with business, commercial, or service uses on the ground floor and residential or office uses on the upper floors. Further, where there is mixed business/office and residential use in a building, there shall be provided a separate, private entranceway for the residential use(s). Ground floor business, commercial, or service uses shall not exceed 5,000 square feet per use. The building(s) shall have a presence on the street, being built to the right-of-way line or equivalent whenever possible.

(3)

Other office, business and commercial/service uses not specifically stated or implied elsewhere which, in the determination of the planning commission, are similar to the principal permitted uses provided herein, and in harmony with the character of the district and the purpose and intent of this article and the City of Poquoson Comprehensive Plan.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

(1)

Minimum area required for the establishment of a PUD-W district shall be 12 acres.

(2)

Additional area may be added to an established PUD-W district if it adjoins and forms a logical addition to the approved development. The procedure for an addition shall be the same as if an original application was filed, and all requirements shall apply except the minimum acreage requirement of this section.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

(a)

Open space. A minimum of 20 percent of the project area as shown on the master plan shall be designated as open space.

(1)

A 50-foot wide landscaped strip shall be maintained around the perimeter of the project area and can be included in the open space requirement.

a.

An existing naturally wooded buffer shall be maintained where it is present within the required buffer on property or properties pre-development.

b.

Landscaping, consisting of native plantings, shall be required in cases where a naturally wooded buffer, as defined in this ordinance, is not present in areas 400 square feet or greater.

i.

Landscaping plantings shall generally be calculated at the following rate per 400 square feet, with total numbers of trees as nearly approximate to total number of shrubs or vice versa as possible:

1.

One canopy tree (130 square foot planting area),

2.

Two understory trees (90 square feet each of planting area)

3.

Three shrubs, at least six feet in height at maturity (30 square feet each of planting area)

4.

In lieu of a canopy tree, adjusted numbers of understory trees and/or shrubs shall be required as determined in accord with this section.

ii.

For areas not divisible by 400 square feet by a natural number, the closest combination of canopy trees, and/or understory trees and shrubs, to a one-to-one relationship of square footage of planting space to square feet used for plantings, shall be required in areas to be utilized as landscaped buffers.

1.

Where square feet used for plantings exceeds square footage available by no more than 15 square feet, shrubs less than six feet in height at maturity may be used to ensure survivability.

2.

Where square feet used for plantings is less than square footage available by no more than 15 square feet, the remaining square feet shall be planted in grass or nonwoody plants.

(2)

Credits for open space may be given for enhanced landscaping and or other amenities as deemed appropriate by the zoning administrator.

(b)

Uses permitted in open space. Open space may be maintained in either its natural or an enhanced state and in accord with section 8.3-5 above as shown and noted in the landscape plan of the development as required in the application process for a planned development district. Where deemed appropriate by the city council, open space, exclusive of areas used to provide a 50-foot perimeter buffer, may be used for one or more of the following uses subject to the regulations of the zoning district in which the development is located and subject to local, federal, and state approvals:

(1)

Noncommercial recreational structures and uses;

(2)

Public utilities and maintenance easements beyond what is minimally necessary for the development. These utilities and maintenance easements, where present, shall cross the 50-foot perimeter buffer to a minimal extent to provide service and shall not meander through the 50-foot perimeter buffer;

(3)

Stormwater detention devices.

(c)

Open space design requirements. In addition to the provisions of section 8.3-5 the following may be required within the open space:

(1)

Areas deemed inappropriate for or not allowed to be developed such as but not limited to: land in the 100-year flood plain and significant drainage swales; major public utility easements; tidal and nontidal wetlands, the 100-foot resource protection area buffer and stormwater detention devices.

(2)

Areas to provide reasonable buffering between dissimilar uses within such development, which may include walls or fencing.

Redesign of such proposed development may be necessary to accommodate open space areas as may be required under this provision; provided that, in no case, shall such redesign result in reduction of the total number of proposed dwelling units otherwise realizable under this ordinance for conventional development.

(d)

Ownership of open space. Open space in private ownerships shall be protected by legal arrangements sufficient to ensure its maintenance and preservation for purposes for which it is intended. Such arrangements shall be subject to city council approval as a part of the site development plan and/or subdivision plat approval process.

Open space may be dedicated for public use subject to approval and acceptance by separate resolution of the city council. Open space so dedicated shall be counted as a part of the minimum required open space.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

The gross and net residential densities permitted in a PUD-W district shall be shown on the approved master plan. The overall gross density shall not exceed ten dwelling units per acre.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

Commercial/service areas are intended to be of a scale, character and location appropriate to provide convenient services primarily for the residents of the PUD-W district. To this end, where practical, commercial/service areas shall be internally oriented and separated from dissimilar areas surrounding the PUD-W district and internal pedestrian access shall be encouraged. Total commercial/service area shall be based on dwellings served. The size of individual establishments shall be limited to avoid the impression of general commercial development.

(a)

The total gross floor area of uses permitted in commercial/service areas shall not exceed 100 square feet per dwelling unit approved on the master plan. Outdoor display service or sales areas shall be included in gross floor area calculations.

(b)

Building permits for commercial and residential uses may be issued simultaneously, provided that the radio of gross floor area of commercial structures complies with section 8.3-7(a) above.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

The following shall apply for residential and commercial areas:

(a)

Height regulations. Except as otherwise provided in this ordinance, structures may be erected to a height not to exceed 45 feet provided that any structure exceeding 35 feet in height shall be set back from any public street right-of-way or single-family residential district; in addition to minimum yard requirements, a distance of not less than two feet for each one-foot of height in excess of 35 feet. The height of a building is measured by the vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deckline for a mansard roof, to mean height level between the eaves and ridge for hip gable and gambrel roofs.

(b)

Building separation. Whether or not located on the same parcel there shall be a minimum of 30 feet between main structures. This provision shall not apply to structures built to a common wall.

(c)

Minimum setback and yard regulations.

(1)

Internal. Within the PUD-W district, city council shall establish minimum setback and yard requirements at the time of establishment of such district. In the absence of city council action, setbacks shall be 10 feet for side yards and 20 feet for rear yards.

(2)

Outer perimeter. Structures, paved surfaces and yards to be located on the outer perimeter of a PUD-W district that abuts adjoining property/public rights-of-way (excluding waterways) shall be located outside of the 50-foot perimeter buffer and must conform to one of following:

a.

The setback and yard regulations of the adjoining residential district;

b.

In the absence of an adjacent residential district, the setback shall be 50 feet; or

c.

Those setbacks determined by city council as provided for in article VIII.2-2.

(d)

Minimum off-street parking:

Off-street parking requirements shall be as follows:

Single-family detached: Two spaces per unit exclusive of space provided in attached garages.

Multi-family units, including duplexes, single-family attached, and townhouses, triplexes, quadraplexes, atrium houses and patio homes.

In addition, one guest space per four dwelling units shall be provided.

Multi-family dwellings for the elderly: One and one-quarter spaces per unit.

Office use: One space per 250 square feet of gross floor area.

Retail use: One space per 200 square feet of gross floor area.

Restaurant: One space per four seats based on maximum seating capacity. Additional spaces for employee parking may be required by the zoning administrator as deemed appropriate.

Two or more nonresidential uses may jointly provide and use parking spaces when their hours of operation do not normally overlap, provided a written agreement is filed with the zoning administrator.

The design of parking spaces and bays shall conform to the design criteria outlined in the site plan ordinance.

For uses not specifically permitted the number of parking spaces required shall be determined by the zoning administrator.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

(a)

Permitted signs:

(1)

Signs shall be as prescribed in the sign ordinance, except for commercial uses as follows:

a.

Freestanding monument signs shall not be allowed in this district.

b.

A business may have one of the following signs:

1.

One wall sign, provided that the sign is not larger than one square foot for each linear foot of the building's face.

2.

One projection sign, provided that the sign is not larger than ten square feet.

3.

One window sign consisting of individual letters or symbols, occupying no more than 20 percent of the window area.

(b)

Rear entrances. When a business has a rear entrance from an adjacent parking lot, one additional wall, projection or window sign shall be allowed at the rear entrance provided that it meets the same criteria identified in section 8.3-9(a)b.

(c)

Menu boards. Portable signs displaying menu items for a restaurant on the premises shall be permitted if the following conditions are met:

(1)

One menu board sign for the main entrance and one for a rear entrance from an adjacent parking lot.

(2)

Maximum sign area—Four square feet.

(3)

Maximum height—Four feet.

(4)

Maximum distance of menu board from restaurant or outdoor dining area—Four feet.

(5)

Illumination—Prohibited.

(d)

Sign illumination. All signs shall be externally illuminated.

(e)

Special provisions for projecting signs.

(1)

Signs projecting over a city right-of-way shall be permitted only if the following conditions are met:

a.

Bottom of sign shall be at least eight feet above ground level.

b.

Edge of sign shall be at least three feet from curb line or edge of pavement.

c.

Liability insurance shall be maintained in accordance with section 8.3-9(f).

(f)

Liability insurance required. No permitted sign located on or projecting over a city right-of-way shall be erected unless a public liability insurance policy shall have been filed satisfactory to the city attorney. In addition such policy:

(1)

Shall be issued by an insurance company authorized to do business in the State of Virginia and acceptable to the zoning administrator. The policy shall name the city as a coinsured and shall require 30 days' written notice to the city before modification or cancellation.

(2)

Shall protect and save the city harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor, property owner or occupants, or their respective agents; or by reason of defects in the construction, or damages resulting from the collapse, failure or combustion of the sign or parts thereof.

(3)

Shall be maintained so long as the sign in question remains erected.

(g)

Directional sign. One sign may be erected to provide directional information for the various residential and commercial uses within the development provided that the following conditions are met:

(1)

Maximum sign area—Twelve square feet.

(2)

Maximum height—Six feet.

(3)

Minimum distance of directional sign from perimeter boundary—Twenty feet.

(4)

Illumination—External only.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

A fence or wall installed around or within a PUD-W must measure a minimum of four feet in height and be constructed of masonry, vinyl or wrought iron. A fence or wall of any other material must be approved by the zoning administrator.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)

New building facades visible from public and private streets, common open space, and common parking areas shall be articulated with, at the very least,

(1)

Windows,

(2)

Balconies,

(3)

Bay windows,

(4)

Articulated massing,

or other architectural elements in order to achieve attractive architectural design may be included.

(Ord. No. 1350, § 1, 11-23-2009; Ord. No. 1693, § 1, 9-13-2021)