Poquoson City Zoning Code

In order to accommodate limited business activities which are customarily incidental to the principal use of the premises for residential purposes, while preserving and protecting the primary residential character of the district in which such activities are conducted, the city council finds the enactment of this ordinance proper and necessary.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994)

Prior to the regular conduct of any business and/or income producing activities in a dwelling within a residential district, a home business permit shall be obtained.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994)

An individual desiring to conduct a home business shall make application on such forms as provided by the zoning administrator or his designee, and shall provide such information as required thereby.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)

At the time the initial application is submitted, a fee of $67.74 shall be paid. Beginning July 1, 2025, this permit fee will be adjusted annually, if necessary, to reflect the consumer price index as determined by the Federal Government rounded to the next dollar. The zoning administrator or his designee, may waive the home business permit fee if it is determined that the business will not generate any traffic, receive deliveries, or use signs to advertise the business. No fee shall be required for renewal.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)

The zoning administrator or his designee shall review the application submitted and ensure, at a minimum, that the following conditions are met:

(a)

The proposed activity must be capable of being conducted on the premises in such a manner that no indication of the business activity is detectable from adjoining properties or streets.

(b)

The proposed activity shall be conducted only by family members who reside at the premises.

(c)

The proposed activity shall be conducted entirely within the totally enclosed main building or a totally enclosed accessory building located on the premises. The proposed activity shall not require any structural alteration or addition to either the main or the accessory building. No materials and/or equipment shall be kept or stored outside of such buildings and doors must remain closed.

(d)

Proposed activities which may reasonably be expected to generate or contribute to higher traffic loads than are reasonable for the residential district shall be prohibited.

(e)

Adequate off-street parking shall be available to accommodate the needs of the proposed activity.

(f)

The only advertising permitted on the premises shall be a sign not exceeding two square feet in area.

(g)

Evidence that all required state and/or federal licenses have been obtained, must be submitted with the application.

(h)

If the proposed activity is to be conducted at a rented or leased residence, the written permission of the owner shall be presented with the home business permit application.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1383, § 1, 2-28-2011; Ord. No. 1796, § 1, 11-12-2024)

Prior to the issuance of a home business permit (for a business that will generate traffic, receive deliveries or use a sign to advertise the business), the zoning administrator shall ensure that all property owners adjacent to, or across a street from, the location of the proposed activity have been notified of the application by the applicant city. The zoning administrator shall consider any comments expressed by the interested neighbors, but shall make an independent determination of the appropriateness of the proposed activity at the proposed location.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)

If, at the time of the review of the application, the zoning administrator determines that a substantial question exists concerning the desirability of the proposed activity, or that a substantial question exists concerning the ability of the applicant to conform with the requirements and the intent of this ordinance, zoning administrator may issue a temporary three-month permit in order to evaluate the actual impact of the proposed activity upon the neighborhood. At the end of the three-month time period, the zoning administrator shall grant or deny an annual home business permit.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)

A home business permit shall be valid for the remainder of the calendar year issued and shall expire on December 31 of such year. Each holder of a home business permit shall, by March 1 each year, renew the permit by certifying that the home business is operated in compliance with all applicable regulations. Failure to renew the permit shall result in the termination of any permit to operate a home business and shall constitute a zoning violation.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)

Any party aggrieved by a decision of the zoning administrator or his designee with regard to the application or administration of this ordinance may appeal such decision to the board of zoning appeals in the manner provided by the Code of Virginia.

(Ord. No. 526, § 1, 12-12-1983; Ord. No. 898, § 1, 8-8-1994; Ord. No. 1796, § 1, 11-12-2024)