Poquoson City Zoning Code

The intent of the research and development/office district is to encourage quality light industrial, manufacturing and office uses within the Big Woods. 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 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.

(7)

Provide large tracts of land capable of supporting major industrial and office park developments without encroachment from smaller scale commercial developments.

(8)

Broaden the city's tax base and to provide job opportunities.

(Ord. No. 927, § 2, 9-25-1995)

Uses permitted in the research and development/office district include:

(1)

Manufacture or assembly of such products as bakery goods, candy, cosmetics, dairy products, drugs, medical and dental equipment, drafting, optical and musical instruments, watches, clothes, toys, games and electrical or electronic apparatus.

(2)

Manufacture of boxes, furniture, cabinets, baskets and other wood-related products.

(3)

Beverage blending or bottling.

(4)

Laboratories or other physical research and development facilities.

(5)

Offices and office buildings; professional, government, or administrative.

(6)

Data processing centers or similar establishments providing services in computer programming, systems design and analysis, and computer consulting.

(7)

Banks and financial institutions.

(8)

Copy, photographic and blueprinting services.

(9)

Technical or business schools, and colleges or universities.

(10)

Community recreational facilities.

(11)

Storage yards in accordance with article X, section 10-2 of this ordinance.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 965, § 1, 9-23-1996; Ord. No. 1458, § 1, 4-22-2013; Ord. No. 1796, § 1, 11-12-2024)

The zoning administrator may approve the following uses as accessory uses. Such uses are customarily incidental and subordinate to the above uses; provided, however, that such secondary uses shall be located within the same building as a principal use or uses listed above, and shall not occupy more than 50 percent of the floor area of such building:

(1)

Retail and service facilities to include barbershops, beauty parlors; restaurants, not to include drive-in windows; newsstands; cocktail lounges; valet services; office supplies and equipment; and gift and flower shops.

(2)

Day nurseries or child care centers.

(3)

Pharmacies.

(4)

Radio and television towers, satellite dishes, and transmission antennas.

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

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

(1)

Retail commercial developments except as accessory uses.

(2)

Single and multifamily homes.

(3)

Heavy industrial uses such as, but not limited to refineries, waste treatment plants, steel and aluminum processing and other land uses that produce noxious odors, smoke or objectionable noise.

(Ord. No. 927, § 2, 9-25-1995)

There shall be no minimum lot size requirement in the research and development/office district.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1412, § 1, 2-27-2012)

(a)

There shall be no minimum gross floor area required for buildings erected in the district.

(b)

All buildings shall be limited to 60 feet in height, unless otherwise approved by a conditional use permit.

(Ord. No. 927, § 2, 9-25-1995; Ord. No. 1412, § 1, 2-27-2012)

(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 green area buffer as provided in section 11-2.7(a)(3) that must be provided.

(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 50 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 roadway and allow for a green area buffer as provided for in section 11.2-7 (a)(3) that must be provided.

(2)

No parking shall be located within 50 feet of the HRSD easement or 50 feet from the property line, whichever is the greater restriction.

(3)

A minimum 50-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 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, or at least 20 feet from the Hampton Roads Sanitation Department (HRSD) easement, whichever is the greater restriction.

(c)

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

(d)

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.

(e)

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, § 5, 2-9-1998; Ord. No. 1490, § 3, 6-23-2014; Ord. No. 1796, § 1, 11-12-2024)

The following requirements shall be applicable after the requirements of 11.2-7 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 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.

(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.

(d)

Each rear yard shall be a minimum of 15 feet.

(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] 11.2-7.

(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 their 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, § 6, 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.

(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)

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 11.2-7 of this ordinance.

(c)

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

(d)

Parking held in reserve. If the number of spaces required by section 11.2-11(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 11.2-11(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 determination of the zoning administrator.

(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 11.2-11(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 this section 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)

To promote a park-like character within the research and development/office district, particular care should be taken to organize the landscaping plan in such a way as to maximize the visual effects of green spaces as seen from public rights-of-way and adjacent lands. Landscaping or other appropriate means shall be used to screen surrounding residential areas within the district, and conversely, to screen development within such district from undesirable external exposures.

(c)

All other landscaping requirements not specifically outlined in section 11.2-12 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, materials, textures and colors of such development.

(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 Virginia Stormwater Management Law and Regulations; the Virginia Erosion and Sediment Control Law and Regulations, 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 research and development office 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)