Poquoson City Zoning Code

(a)

The regulations, restrictions and map established in this ordinance may, from time to time, be amended, supplemented, changed, modified or repealed by an affirmative vote of four members of the city council, provided:

(1)

That no change shall be made by the city council in this ordinance or the zoning map until such proposed change has been referred to the planning commission for a report thereon, and no action shall be taken by the city council until a report has been received from the commission, unless a period of 45 days has elapsed after the date of reference to the commission, after which time it may be assumed that the commission has recommended approval of the proposed change or amendment.

(2)

Public hearings and notices of such hearings, shall be conducted as specified by the statues of the Commonwealth of Virginia.

(3)

When an amendment to the regulations, district boundaries, or classifications of property is proposed by an owner, a contract purchaser or any other individual, the petition for such a change shall not be considered if the city council has taken formal action on a petition for a substantially similar change within one year prior to submission of the petition.

(4)

When an amendment to the regulations, district boundaries, or classifications of property is proposed by an owner, a contract purchaser or any other individual, an administrative fee of $570.00 shall accompany the request for the rezoning. When deemed necessary by the zoning administrator at the time the fee is paid, the proponent of the rezoning or other zoning action shall also submit one copy of a conceptual plan with a community impact assessment describing probable effects that the proposed change shall have on topics, including but not limited to the environment, traffic and public facilities. Beginning July 1, 2025, the administrative fee will be adjusted annually, if necessary, to reflect the consumer price index as determined by the Federal Government rounded to the next dollar.

(b)

All applications for rezoning shall include a traffic impact analysis 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. 906, § 3, 11-28-1994; Ord. No. 1097, § 1, 2-12-2001; Ord. No. 1251, § 1, 6-26-2006; Ord. No. 1345, § 3, 11-9-2009; Ord. No. 1796, § 1, 11-12-2024)

If any part or parts, section or subsection, sentence, clause, or phrases and these regulations is for any reason held to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions hereof.

Whenever the provisions and these regulations impose a greater restriction or higher standards than are required by any statute, local ordinance or regulation, the provisions of these regulations shall govern. Whenever the provision of any other statute, local ordinance or regulation may pose a greater restriction or higher standard than are required by these regulations, the provisions of such statute, local ordinance or regulation shall govern.

All zoning ordinances or parts thereof which are in conflict or inconsistent with the provisions of this ordinance are hereby repealed.

(a)

This ordinance shall be enforced by the zoning administrator.

(b)

In case of any violation or attempted violation of any provision of this zoning ordinance, the zoning administrator or his designated agency may institute appropriate proceedings for action to prevent such violation or attempted violation, to restrain, correct or abate such violation or attempted violation or to prevent any action which would constitute such a violation.

(c)

Unless otherwise provided for in the individual articles of this ordinance, any person, firm, corporation, whether principal, agent or employee, violating, causing or permitting the violation of any of the articles or provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10.00 nor more than $1,000.00. Each day of failure to comply with this ordinance shall constitute a separate offense.

(Ord. No. 1796, § 1, 11-12-2024)

The effective date of this ordinance shall be from and after its passage and legal application and its provisions shall be in force thereafter until repealed. This zoning ordinance of the City of Poquoson, Virginia, shall become effective at and after 00:01 a.m. _______.

(Ord. No. 1796, § 1, 11-12-2024)