Poquoson City Zoning Code

This district is intended to encourage the establishment of a village center by permitting a variety of commercial, office and residential uses in order to create a center of business and economic activity consistent with the locational advantage and prominence inherent in the Big Woods. Furthermore it is the intent of this article to:

(a)

Encourage commercial and office uses that do not attract large volumes of traffic and continuous customer turnover.

(b)

Limit and discourage development of strip-type, highway-oriented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes.

(c)

Minimize the visual and functional conflicts between residential and nonresidential uses within and abutting the district.

(d)

Encourage consolidation of curb cuts, driveways and parking areas for vehicular access and promote more efficient and economical parking facilities.

(e)

Promote development that minimizes land disturbance and incorporates compact efficient design.

(f)

Create a pedestrian-friendly environment through the incorporation of sidewalks, bikeways, street-trees, and street furniture.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015; Ord. No. 1796, § 1, 11-12-2024)

Permitted uses in the village commercial district shall be limited to the following:

(1)

Professional offices. Offices for lawyers, engineers, architects, accountants, doctors, dentists, chiropractors, government and other similar professional businesses.

(2)

Retail specialty shops. Sale of gifts, antiques, flowers and plants, books, jewelry, pharmaceuticals, housewares, hardware, wearing apparel, tobacco and related supplies, or craft shops making articles exclusively for sale for retail on the premises. Retail sale and repair of jewelry, clocks, optical goods, cameras and their accessories.

(3)

Eateries. Restaurants without drive-through facilities, bakeries, confectioneries, coffee houses, cafes, bars and delis.

(4)

Personal service shops. Barbershops and/or hairdresser, shoe repair, tailor and similar services.

(5)

Studios. Studios for dance, music photography and/or art, including exercise facilities that do not require court areas for sports activities.

(6)

Financial institutions.

(7)

Theaters. Theaters for the performing arts, and movie theaters with no more than 200 seats.

(8)

Community recreational facilities.

(9)

Residential within a mixed use structure. Dwellings above the ground floor, secondary to primary commercial and office uses. Residential uses shall be limited to no more than one floor above the ground floor.

(10)

Residential separate from commercial, office and/or mixed use structures. Single family dwellings, two-family dwellings, townhouse dwellings and multi-family dwellings are permitted separate from commercial, office and/or mixed use structures provided they do not exceed one-half (50 percent) of the entire square footage of a development.

a.

When a separation of uses is proposed in accordance with section 11-2(10), the developer must construct all required infrastructure, to include ingress/egress, stormwater features and all necessary utilities, prior to the issuance of any certificate of occupancy for buildings on the site.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1103, § 1(11-2), 4-9-2001; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015)

1.

The city council may approve a use as a conditional use in accordance with procedures specified in section 1-7 of this ordinance upon consideration of but not limited to the following standards and criteria:

a.

All traffic impacts shall be mitigated at the expense of the developer as deemed necessary by the zoning administrator after consultation with the city engineer.

b.

The proposed use will not conflict in architectural scale or style to existing development in the district.

c.

Minimal visual and functional conflict will be created between the proposed use and nearby uses.

d.

Anticipated noise and congestion created by the use will be comparable to the levels created by other permitted uses in this district.

2.

The following uses shall be permitted upon the approval of a conditional use permit issued by city council:

a.

Residential within a mixed-use structure. Dwellings above the second floor and subsequent floors as a primary use, provided that the ground floor consists of permitted commercial and/or office uses.

b.

Residential separate from commercial, office and/or mixed-use structures. Single-family dwellings, two-family dwellings, townhouse dwellings and multi-family dwellings are permitted separate from commercial, office and/or mixed-use structures provided they do not exceed two-thirds of the entire square footage of a development.

i.

When a separation of uses is proposed in accordance with section 11-3.2b, the developer must construct all required infrastructure, to include ingress/egress, stormwater features and all necessary utilities, prior to the issuance of any certificate of occupancy for buildings on the site.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015; Ord. No. 1796, § 1, 11-12-2024)

In support of the general intent of this article, the following uses are prohibited:

(1)

Outdoor places of amusement, such as but not limited to arcades and miniature golf.

(2)

Automobile or other vehicle sales, service and/or repair agencies.

(3)

Gasoline service/filling stations.

(4)

Car washes.

(5)

Building supplies and bulk storage.

(6)

Rental storage facilities (mini-warehouse).

(7)

Uses requiring outdoor sales and storage areas, except garden shops/nursery stock, when placed to the rear or side of buildings.

(8)

Palmists, tattoo parlors, massage parlors, adult bookstores and other adult entertainment businesses.

(9)

Uses of similar nature to the uses listed in subsections (1) through (8) above.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1103, § 2(11-4), 4-9-2001; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015)

The following standards shall govern all uses, subdivision and land development within the village commercial district:

(a)

No minimum lot size.

(b)

No minimum lot width.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015; Ord. No. 1796, § 1, 11-12-2024)

(a)

For uses that abut Victory Boulevard such uses shall be set back 75 feet from Victory Boulevard in order to protect the entrance corridor characteristics of the roadway; to encourage the orientation of such uses toward interior collector roadways and/or local streets and allow for a green area buffer as provided in section 11-5.1(b) that must be provided.

(b)

A minimum 25-foot buffer area maintained in its natural state must be provided along the right-of-way of Victory Boulevard. If the buffer area includes less than one tree measuring four inches in diameter at breast height per ten feet of linear buffer area, additional mature trees measuring at least six feet tall at the time of planting must be planted by the developer to ensure that there is at least one mature tree per ten linear feet of buffer area.

(c)

Upon the presence of certain environmental features, including, but not limited to, the Chesapeake Bay Resource Protection Area and/or non-tidal wetlands, the city council may, upon the holding of a public hearing before both the planning commission and the city council, consider a reduction of any or all of the above required setbacks on a case-by-case basis.

(Ord. No. 1796, § 1, 11-12-2024)

Editor's note— Ord. No. 1796, § 1, adopted Nov. 12, 2024, repealed the former § 11-5.1, and enacted a new § 11-5.1 as set out herein. The former § 11-5.1 pertained to setbacks requirements for standalone residential uses and derived from Ord. No. 1517, § 1, adopted Feb. 9, 2015.

The following requirements shall be applicable to standalone residential uses after the setback and buffer requirements of [section] 11-5.1 are met:

(a)

Front. Single-family dwellings, two-family dwellings and townhouse dwellings in this district shall be located from any street or right-of-way in accordance with the following provisions:

(1)

Buildings with a front-loading garage or front located driveway shall maintain a 20-foot distance from any street or right-of-way.

(2)

Buildings with no front garage, no front driveway or those with a rear loading garage shall maintain a ten-foot distance from any street or right-of-way.

(b)

Side. The end units of each entire townhome building structure shall have a minimum setback of ten feet or more, and the total width of such two side setbacks shall be 20 feet or more. Single-family and two-family dwellings shall maintain a side yard of ten feet.

(1)

Buildings with a side loading garage or side located driveway shall maintain a 20-foot distance from any street or right-of-way and the total width of such two side setbacks shall be 40 feet or more.

(c)

Rear. Buildings shall maintain a rear yard in accordance with the following provisions:

(1)

Buildings with no garage, no driveway or those with a front-loading garage or driveway shall maintain a rear yard of ten feet when adjacent to the village commercial district. Buildings adjacent to any other district within the city shall maintain a rear yard of 20 feet.

(2)

Buildings with rear loading garage or rear located driveway shall maintain a rear yard of 20 feet.

(d)

Green area. Front and rear yard areas, opposite of building's driveway or garage, shall consist of green and/or landscaped area and be perpetually maintained as such.

(e)

Multi-family dwellings. Multi-family dwellings that cannot be otherwise categorized as townhomes or two-family dwellings shall be subject to the setback requirements established elsewhere in this article.

(Ord. No. 1796, § 1, 11-12-2024)

Editor's note— Ord. No. 1796, § 1, adopted Nov. 12, 2024, repealed the former § 11-6, and enacted a new § 11-6 as set out herein. The former § 11-6 pertained to front yards and derived from Ord. No. 927, § 2, adopted Sept. 25, 1995; Ord. No. 989, § 1, adopted Feb. 9, 1998; Ord. No. 1405, § 1, adopted Oct. 11, 2011; Ord. No. 1468, § 1, adopted July 8, 2013; and Ord. No. 1517, § 1, adopted Feb. 9, 2015.

The following requirements shall be applicable after the requirements of [section] 11-5.1 are met:

(a)

Each side yard shall be a minimum of ten feet unless zero lot line development or attached development is used in conformance with the provisions of this article.

(b)

Side yards containing an access driveway shall be a minimum of 30 feet in width and shall contain the following features listed in order, extending from the buildings to the property line:

(1)

A three-foot planting strip.

(2)

A three-foot sidewalk.

(3)

A minimum driveway width of 20 feet.

(4)

A minimum planting strip four feet wide along the property line.

(c)

When an access driveway is shared by two or more lots, the lots do not need a 30-foot side yard; instead the following standards shall apply:

(1)

The driveway may be located along or straddling the common boundary of the lots.

(2)

The driveway shall be a minimum width of 18 feet and shall have a minimum three-foot sidewalk and minimum three-foot planting strip along both sides.

(3)

When a shared driveway is used, access easements and maintenance agreements shall be provided.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1490, § 1, 6-23-2014; Ord. No. 1517, § 1, 2-9-2015; Ord. No. 1796, § 1, 11-12-2024)

The following requirements shall be applicable after the requirements of [section] 11-5.1 are met:

(a)

Each rear yard shall be a minimum of 15 feet.

(b)

For lots adjoining a residential district a 30-foot landscaped buffer yard shall be established. Any such buffer zone required shall be of such width and length as may be necessary to adequately screen the property involved and be planted with suitable shrubbery, evergreens or trees.

(1)

All material used for the buffer shall meet the following criteria:

a.

All evergreen vegetation to be installed shall not be less than five feet in height at the time of planting and shall be of such species that expected height at maturity shall not be less than 15 feet.

b.

All deciduous materials to be installed shall not be less than eight feet in height and two inches in caliper.

c.

All plant material which dies shall be replaced by the applicant at his cost.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1517, § 1, 2-9-2015; Ord. No. 1796, § 1, 11-12-2024)

For all buildings constructed at or less than ten feet from the property line, a ten-foot emergency access and maintenance easement shall be provided.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011)

In order to promote design efficiency and flexibility, development may be permitted to abut property lines in compliance with the following:

(a)

A building may be located along one, two or three abutting lot lines, may share a party wall with one or two buildings, or it may be an independent, detached structure along one, two or three abutting lot lines.

(b)

For an independent, detached structure, the wall or walls along the property line or lines shall not contain windows, doors, vents or any similar breaks in the wall; and it shall be constructed in a manner which will allow future construction on the abutting lot or lots to share the wall as a party wall.

(c)

For an independent, detached structure to be permitted to be built along a property line, the property owners of both lots shall be required to enter into binding legal arrangements as follows:

(1)

An easement to permit maintenance of the wall from the abutting lot.

(2)

An agreement permitting construction of a future building attached to that wall.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

No accessory use shall be permitted within the front or side yards except for patio or sidewalk dining areas. The setback for accessory uses from the rear property line shall be five feet.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011)

No building shall exceed 3½ stories or 40 feet in height.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011)

(a)

Roadway access points shall be from collector or lower functionally classified thoroughfares wherever possible.

(b)

For properties that abut Victory Boulevard all uses shall comply with requirements of [section] 11-5.1.

(c)

All access points along Victory Boulevard shall be designed and constructed as a public right-of-way and must be situated to provide access to adjacent properties. Such access points must also be constructed according to City of Poquoson's commercial street standards and must provide curb and gutter the length of the roadway.

(d)

Access points shall be designed to minimize traffic hazard and congestion.

(e)

The design for internal circulation shall be appropriately related to access points and location of traffic generators and shall provide for safe and efficient movement of vehicles and pedestrians with special attention to the reduction of crossing conflicts, limiting numbers of access points and improvement of visibility.

(f)

The landowner will be responsible for the cost of constructing all sidewalk, bikeway, street-tree, and street furniture improvements along their property lines needed to serve their development as identified in the City of Poquoson Village Commercial Street Development Standards.

(g)

A traffic impact analysis is required for a new development or redevelopment that is projected to generate 100 or more additional peak hour trips based off the Institute of Transportation Engineers (ITE) Trip Generation Manual. The traffic impact study shall be prepared by a qualified transportation engineering firm by an engineer licensed to do such work by the Commonwealth of Virginia. This report is to include the following:

(1)

Introduction and summary.

(2)

Background information: (proposed development (site and nearby)).

(3)

Analysis of existing conditions.

(4)

Analysis of future conditions without the development.

(5)

Trip generation per ITE rates.

(6)

Site traffic distribution and assignment.

(7)

Analysis of future conditions with the development.

(8)

Recommended improvements.

(9)

Conclusions.

The city engineer has the right to request traffic impact statements and safety studies for locations with less than 100 peak hour trips. The city engineer may also require additional materials, as needed, to evaluate the traffic impact statement.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 989, § 2, 2-9-1998; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

(a)

Parking setback. Parking spaces, areas and driveways serving the spaces shall be set back a minimum of five feet from rear and side property lines unless common parking is shared with one or more abutting lots, in which case parking may abut or cross the property lines shared by the common users. The following must be provided for shared parking:

(1)

Access easements and maintenance agreements or other suitable legal mechanisms shall be provided and be acceptable to the City of Poquoson.

(2)

Liability safeguards for all property owners and lessees served by the common parking area shall also be provided and be acceptable to the city.

(b)

Parking and vehicular design standards.

(1)

All parking spaces shall be set back a minimum of five feet from all buildings.

(2)

All required parking shall be paved in accordance with the City of Poquoson site plan ordinance.

(3)

No parking is allowed in the front yard area.

(4)

Parking will only be allowed in the side yard if the physical character of the property, including dimensions or topography, or by other extraordinary situation or condition of such property, precludes the parking area from being located in the rear yard. In such cases the setback between the buildings and property line shall be increased to account for a driveway, parking and landscaping required by [section] 11-7(b).

(c)

Parking capacity regulations.

(1)

Minimum number of spaces. The minimum number of off-street parking spaces required shall be determined by application of the standards outlined below. In no case shall less than three off-street parking spaces be provided for each individual nonresidential use. The number of uses in a building shall equal the number of leasable units in the building, including unoccupied units. Parking must be provided for each use in mixed-use development. Minimum parking shall be:

a.

For a residential dwelling: Two spaces per dwelling unit.

b.

For personal service shops: Three spaces per person performing a personal service (barber, tailor, etc.), plus one space per two employees not performing a personal service.

c.

For a patient-oriented office: Five spaces per patient-oriented professional (doctor, dentist, etc.), plus one space per two employees for all other employees.

d.

For retail shops, studios, repair shops and other offices: One space per 200 square feet of floor space devoted to active nonresidential uses. Inactive use areas, such as storage space or nonused basement areas, need not be included.

(2)

Parking held in reserve. If the number of spaces required by section 11-14(c)(1) above is substantially larger than the number anticipated by the applicant, the reserve parking concept may be utilized to avoid unnecessary paving, in accordance with the following criteria:

a.

The total number of spaces which must be paved initially may be reduced by up to 25 percent, upon determination of the zoning administrator.

b.

Suitable area must be available and reserved for construction of the balance of the total number of spaces otherwise required by section 11-14(c)(1). In addition, a re-evaluation of parking capacity shall be required upon a change in status (use, building addition, ownership or number of employees). Following re-evaluation, the zoning administrator may require installation of additional parking spaces, upon determination by the same.

c.

To qualify for use of the reserve parking concept, the applicant shall provide evidence supporting reduced parking needs to the zoning administrator for review and determination based on the specific use. If such parking should prove to be inadequate, the zoning administrator may require installation of all or a portion of additional parking space otherwise required by section 11-14(c)(1), upon determination by the same.

(d)

Loading and unloading areas shall be provided which do not conflict with pedestrian or vehicular movement.

(e)

Adequate lighting shall be provided if the uses which are served by the parking lot will be in operation at night. The lighting in parking lots shall be directed so as not to produce objectionable glare on adjacent properties or streets, and no lighting fixture shall exceed a height of 30 feet.

(f)

All other parking lot requirements not specifically outlined in section 11-14 above shall be governed by the regulations in the City of Poquoson site plan ordinance.

(Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

(a)

All areas of a lot not covered by building and/or impervious paving materials shall be maintained as landscaped areas, containing the trees, shrubs, and ground cover materials, which may include lawn areas. At least 20 percent of the lot must be landscaped. Up to 50 percent of the required landscaped area may include undisturbed nontidal wetland areas.

(b)

All other landscaping requirements not specifically outlined in section 11-15(a) above shall be governed by the regulations in the City of Poquoson site plan ordinance.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

Pre-development conference. Prior to the submittal of any development application for property within the district, the developer and/or property owner is highly encouraged to meet with and submit conceptual plans and elevation drawings to the city's development plan review committee (DPRC). The DPRC will review the plans and drawings and provide potential developers with comments and guidance on the city's application and permit processes. Additionally, the DPRC will outline the city's development review and permit acquisition timelines to avoid unnecessary delays in the development application process. This may include required approvals by the planning commission, city council, or other applicable boards.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

Editor's note— Ord. No. 1405, § 1, adopted October 11, 2011, changed § 11-16 from development review committee to development review process for the village commercial district.

(a)

All new development and conversions shall be served by public sewer and water facilities.

(b)

All new development and conversions shall provide stormwater management facilities effective at controlling stormwater quantity and quality in accordance with City of Poquoson Master Drainage Plan, Big Woods Drainage Study, and the Chesapeake Bay Preservation Ordinance. The shared use of stormwater management facilities will be encouraged.

(c)

All utility lines shall be placed underground.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011)

Where any stream, lake or other surface drainage course is located within the village commercial district and such drainage is, in the opinion of the zoning administrator, part of a public drainage serving other lands beyond the proposed development, provisions shall be made for adequate easements of not less than 15 feet along each side of a stream bank or drainage course or along the shoreline of any lake for the purpose of maintenance and protection of the stream or shoreline for drainage purposes, and recreational and transportation purposes.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1796, § 1, 11-12-2024)

Signs shall meet the applicable regulations of the sign ordinance (appendix D).

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1405, § 1, 10-11-2011; Ord. No. 1589, § 1, 5-14-2018; Ord. No. 1796, § 1, 11-12-2024)