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.

(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.

(Ord. No. 927, § 2, 9-25-1995)

Permitted uses in the general commercial district shall include:

(1)

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. Prior to the review and consideration of a conditional use permit application, the uses identified below require the submittal of a traffic impact study prepared by an individual or firm qualified to conduct traffic engineering studies in a manner and form acceptable to the zoning administrator. Such study shall address projected traffic generation, internal and external traffic, turning movements and distribution at each access point, capacity of surrounding roads, and road and access improvements.

a.

Grocery stores;

b.

Shopping centers;

c.

Department, variety and/or discount stores;

d.

Drug stores and pharmacies;

e.

Medical care facilities including hospitals and trauma centers;

f.

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

g.

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

h.

Restaurants with drive-in facilities;

i.

Funeral homes;

j.

Hotels and motels.

(2)

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

(3)

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.

(4)

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.

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

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 45 feet from said right-of-way.

(2)

No parking shall be located within 25 feet of said right-of-way.

(3)

A minimum 25-foot green area buffer must be provided and maintained along 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 non-tidal wetlands, the city council may, upon the holding of a public hearing before both the city council and the planning commission, consider 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 street right-of-way.

(2)

No parking shall be located within 20 feet from any street right-of-way.

(3)

For uses that have direct access from Victory Boulevard such uses shall be set back 75 feet from Victory Boulevard in order to protect the entrance corridor characteristics of the roadway; and to encourage the orientation of such uses toward interior collector roadways. A green area buffer as provided for in section 11.1-4 (a)(3) must be provided.

(4)

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.

(5)

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.

(6)

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)

(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 12 feet.

(4)

A minimum planting strip five 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)

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 subcollector functionally classified thoroughfares wherever possible.

(b)

For uses that have direct access from Victory Boulevard such uses shall be set back 75 feet from Victory Boulevard in order to protect the entrance corridor characteristics of the roadway. All vegetation in the front yard must also be kept in its natural state to the extent possible. 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.

(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.

(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 study shall be prepared when deemed necessary by the director of planning for those commercial developments in this district which generate, or would be expected to generate, 75 or more additional trips to and from the site during the peak hour of operation based on the application of the Institute of Transportation Engineers (ITE) traffic generation rates contained in the latest edition of its book entitled, "Trip Generation." The application trip generation rate shall be determined by the planning director. A properly certified professional engineer, licensed by the Commonwealth of Virginia, shall prepare the traffic impact study, and the cost and expense of preparing such a study shall be the sole responsibility of the landowner.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 989, § 4, 2-9-1998)

(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.

(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 50 percent by the city council, upon recommendation of the planning commission.

(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 city council may require installation of additional parking spaces, upon recommendation of the planning commission.

(3)

To qualify for use of the reserve parking concept, the applicant shall provide evidence supporting reduced parking needs to the planning commission for its review and recommendation.

(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 criteria 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)

(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 criteria 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)

The developer is required to schedule a presubmittal conference with the city manager and the planning commission development review committee prior to submitting a formal site improvement plan. In order for the planning commission and staff to thoroughly evaluate proposed developments in this district, the city manager 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 planning commission. The development review committee shall review site plans, architectural renderings and elevations, as well as descriptions of materials and colors, including signs, for all proposed developments in the general commercial 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, materials, textures and colors of such development.

(Ord. No. 927, § 2, 9-25-1995)

(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 city manager, 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)

All signs in this district must meet the requirements of the City of Poquoson sign ordinance.

(Ord. No. 927, § 2, 9-25-1995)