Poquoson City Zoning Code

The intent of the general commercial district is to promote a clearly superior level of development within the Big Woods business district relating to land use, intensity of development, and aesthetic quality, than that which has been developed in the City of Poquoson within the zoning classifications of B-1 and B-2. Furthermore, it is the intent of this article to:

(1)

Promote Poquoson's economic growth and business development.

(2)

Provide new opportunities for the establishment of local service, business and economic activity in Poquoson.

(3)

Encourage high quality development consistent with the locational advantage and prominence inherent in the Big Woods.

(4)

Encourage a high level of quality in building design and construction, site planning, and in site landscaping. Development shall be of gateway quality including:

a.

Site layout.

b.

Building design.

c.

Construction materials.

d.

Building uses.

e.

Landscape design.

(5)

Encourage the use of shared stormwater quantity and quality control structures.

(6)

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

(7)

Development shall enhance the quality of life for the citizens of Poquoson to include opportunity to remain in the city for jobs, shopping, dining, recreation, and/or entertainment.

(8)

The city shall continue its efforts to develop the economic development authority (EDA) owned assemblage and to further refine a specific development vision which will allow the site to be marketed for specific, rather than general uses.

(9)

The city shall consider public-private partnerships for development on the economic development authority (EDA) owned assemblage that may include increased opportunities for cultural, recreational, or entertainment uses that will be revenue generating for the city.

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

(a)

Permitted uses in the general commercial district shall include:

(1)

Regional sporting goods store;

(2)

Public-private recreation and/or cultural center project;

(3)

High tech manufacturing;

(4)

Medical facility: Such as hospitals, trauma centers, urgent care facilities, nursing homes, facilities for physical rehabilitation/therapy, chiropractic services, dental services, psychological and psychiatric services.

(5)

All uses permitted in the B-2 district, subject to the conditions imposed in the B-2 district, with the exception of the uses listed below, which are permitted with a conditional use permit issued by city council in accordance with section 1-7 of this ordinance (appendix).

a.

Grocery stores;

b.

Shopping centers;

c.

Department, variety and/or discount stores;

d.

Drug stores and pharmacies;

e.

Post office, government offices library, museum, public safety facilities;

f.

Indoor and outdoor theaters, health, exercise and fitness centers, bowling alleys, skating rinks, swimming pools and tennis and racquet sport activities;

g.

Restaurants with drive-in facilities;

h.

Funeral homes;

i.

Hotels and motels.

(6)

All uses permitted in the B-1 district, subject to the conditions imposed in the B-1 district.

(7)

All other development criteria for shopping centers not specifically outlined in article 11.1 (XI-I) shall be governed by shopping center requirements listed in article X, section 10-12.

(8)

In order to protect the integrity of the entrance to the village commercial district, all land uses proposed for development on parcels that are within 200 feet of Alphus Street extended or its right-of-way shall require a conditional use permit.

(b)

Prohibited uses on the EDA-Owned Big Woods Properties zoned to the GC district.

Development shall not be:

(1)

Fully residential in nature including single-family homes, apartments, townhomes and condominiums.

(2)

Developed in pieces.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1532, § 1, 12-14-2015; Ord. No. 1796, § 1, 11-12-2024)

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

(1)

No minimum lot size.

(2)

No minimum lot width.

(Ord. No. 927, § 2, 9-25-1995)

(a)

For property adjacent to Victory Boulevard.

(1)

The building shall be set back at least 75 feet from the property line separating the property from the right-of-way of Victory Boulevard, or at least 25 feet from the Hampton Roads Sanitation Department (HRSD) easement, whichever is the greater restriction in order to protect the entrance corridor characteristics of the roadway; to encourage the orientation of such uses toward interior collector and/or local roadways. and provide for a green area buffer as provided for in section 11.1-4 (a)(3) must be provided. All vegetation in the front yard must also be kept in its natural state to the extent possible.

(2)

No parking shall be located within 25 of the HRSD easement or 45 feet from the property line, whichever is the greater restriction.

(3)

A minimum 25-foot green area buffer must be provided and maintained north of the Hampton Roads Sanitation District (HRSD) easement or, in cases where the HRSD easement is not present, along the property line separating the property from the right-of-way of Victory Boulevard. The green area buffer must include no 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 landowner to ensure that there is at least one mature tree per ten linear feet of buffer area.

(4)

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

(b)

For property adjacent to a collector or lower functionally classified thoroughfare's right-of-way:

(1)

The building shall be set back at least 50 feet from any property line separating the property from the right-of-way, or at least 20 feet from the Hampton Roads Sanitation Department (HRSD) easement, whichever is the greater restriction.

(2)

No parking shall be located within 20 feet from any property line separating the property from the right-of-way of, or at least 20 feet from the Hampton Roads Sanitation Department (HRSD) easement, whichever is the greater restriction.

(3)

Any side yard not adjacent to an arterial or lower functionally classified thoroughfare's right-of-way shall be least 20 feet wide. No building or parking shall encroach into any side yard.

(4)

The minimum distance between any two buildings on the same lot shall be at least one-half the height of the taller of the two adjacent buildings but in no case less than 20 feet.

(5)

Radio and television towers, satellite dishes, and transmission antennas shall not be permitted within any front yard.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 989, § 3, 2-9-1998; Ord. No. 1490, § 2, 6-23-2014; Ord. No. 1796, § 1, 11-12-2024)

The following requirements shall be applicable after the requirements of [section] 11.1-4 are met:

(a)

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, minimum.

(2)

A three-foot sidewalk, minimum.

(3)

A minimum driveway width of 20 feet.

(4)

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

(b)

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.

(c)

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. For lots not adjoining a residential district, the rear yard shall be a minimum of 15 feet.

(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. 1796, § 1, 11-12-2024)

No accessory use shall be permitted within the front or side yards. The setback for accessory uses from the rear property line shall be ten feet.

(Ord. No. 927, § 2, 9-25-1995)

(a)

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

(b)

Uses that abut Victory Boulevard shall comply with requirements of [section] 11.1-4.

(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 providing, at his sole cost and expense, sidewalks along all property lines abutting public thoroughfares.

(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, § 4, 2-9-1998; 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 of Poquoson.

(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)

Parking will only be allowed in the front 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 or side yards. Where allowed, front parking shall be in accordance with the requirements of section 11.1-4 of this ordinance.

(c)

The minimum number of required parking spaces shall be in accordance with the City of Poquoson site plan ordinance.

(d)

Parking held in reserve. If the number of spaces required by section 11.1-8(c) 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:

(1)

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

(2)

Suitable area must be available and reserved for construction of the balance of the total number of spaces otherwise required by section 11.1-8(c). 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.

(3)

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 11.1-8(c), upon determination by the same.

(e)

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

(f)

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.

(g)

All other parking lot requirements not specifically outlined in section 11.1-8 above shall be governed by the regulations in the site plan ordinance.

(Ord. No. 927, § 2, 9-25-1995; 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)

In order to provide an appropriate entrance corridor into the village commercial district, all parcels with frontage along Alphus Street shall provide a landscaped buffer area. Such buffer area shall be provided at the developer's sole expense and shall be a minimum of 12 feet deep as measured from the edge of the sidewalk. The buffer area shall be planted with at least one tree measuring at least six feet tall at the time of planting and four shrubs measuring at least 24 inches at the time of planting for every 100 square feet of buffer area. No parking, lighting, signs or any other structure may be placed in the buffer area.

(c)

All other landscaping requirements not specifically outlined in section 11.1-9(a) above shall be governed by the regulations in the site plan ordinance.

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

The developer is strongly advised to schedule a pre-submittal conference with the zoning administrator and the city's development plan review committee (DPRC) prior to submitting a formal site improvement plan.

(1)

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.

(2)

In order for the DPRC and staff to thoroughly evaluate proposed developments in this district, the zoning administrator may require the submission of elevation and architectural renderings as well as descriptions of materials and colors, including signs, to be used in the proposed development. Once approved, such plans shall become part of the conditions of approval for the project and shall not be deviated from except upon written approval of the zoning administrator.

(3)

The DPRC shall review site plans, architectural renderings and elevations, as well as descriptions of materials and colors, including signs, for all proposed developments in the research and development/office district, to ensure that all developments are consistent with the intent and provisions of the ordinance. To this end proposed development shall consider the architectural style and construction characteristics of existing and proposed development within this district, and the appropriate means of achieving design which is harmonious, compatible and complementary to the scale, size,

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

(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 the 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)

Where any stream, lake or other surface drainage course is located within the general 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. 1796, § 1, 11-12-2024)

All signs in this district must meet the requirements of the City of Poquoson sign ordinance (appendix D).

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