(A)

Applicability.

(1)

The provisions of this Ordinance shall apply to all property within the corporation limits of the City of Portsmouth, Virginia, under all circumstances, with the following exceptions:

(a)

Development by the United States of America;

(b)

Development by the Commonwealth of Virginia;

(c)

Public right-of-way;

(d)

Development by the City, its agencies, or departments during a declared local emergency. The City Council shall ratify such exemption after the fact at its next regularly scheduled meeting, and shall base its ratification on specified findings of fact related to the emergency involved;

(e)

Where precluded by applicable law; and

(f)

Development of a property by or at the direction of the City for a civic use to be operated by the City; provided that said development shall only occur in Zoning Districts where the specific civic use is authorized under Table 40.2-215 Use Table.

(2)

This Ordinance shall not be deemed to interfere with, abrogate, annul, or otherwise affect any easements, covenants, or other agreements between parties, except that no such easement, covenant or other agreement shall abrogate, annul, or otherwise affect the parties' obligation to comply with the restrictions, requirements, and other terms of this Ordinance.

(B)

Types of Zoning Districts.

(1)

Land within the City is classified by this Ordinance to be within one of a number of base zoning districts.

(2)

Land within any zoning district may also be classified into one or more overlay zoning districts, in which case regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying zoning district, unless expressly stated otherwise.

(C)

Compliance with District Standards. No land within the City shall be developed except in accordance with the zoning district regulations of this article and all other regulations of this Ordinance.

(D)

Conflicts. If a provision of this Ordinance conflicts with a provision of federal, state or local law, then except where expressly stated to the contrary in this Ordinance, the more restrictive provision shall control.

Table 40.2-201 Zoning Districts Established, sets out the zoning districts established by this Ordinance. Zoning districts are grouped into residential districts, commercial districts, industrial districts, special districts, historic sub-districts, and downtown sub-districts.

Table 40.2-201: ZONING DISTRICTS ESTABLISHED

(A)

General Purposes. The residential zoning districts established in this Ordinance are intended to provide diverse housing options in a healthy and safe environment in which to live, recreate, and shop at a neighborhood level. More specifically, they are intended to:

(1)

Provide appropriately located lands for residential development that are consistent with the comprehensive plan;

(2)

Ensure adequate light, air, privacy, and recreational and open space areas for each dwelling, and protect residents from the negative effects of noise, excessive population density, traffic congestion, flooding, and other significant adverse environmental impacts;

(3)

Protect residential areas from fires, explosions, toxic fumes and substances, and other public safety hazards;

(4)

Provide for a diverse range of residential housing choice, affordability, and diversity with varying housing densities, types, and designs, including accessory dwelling units;

(5)

Provide for safe and efficient vehicular access and circulation and promote bicycle, pedestrian, and transit-friendly neighborhoods;

(6)

Provide for public services and facilities needed to serve residential areas and accommodate public and semi-public land uses that complement residential development or require a residential environment while protecting residential areas from incompatible nonresidential development; and

(7)

Create neighborhoods and preserve existing community character while accommodating new infill development and redevelopment consistent with the city's goals and objectives.

(B)

Neighborhood Residential (NR) District. The Neighborhood Residential (NR) district is established to accommodate single-family detached residential dwellings at low densities. District regulations are intended to discourage any use that substantially interferes with the development of single-family detached dwellings or that is detrimental to the quiet residential nature of the district.

(C)

General Residential (GR) District. The General Residential (GR) district is established to accommodate primarily single-family detached, attached residential, and two- to four-family dwellings, subject to design standards to ensure their compatibility with the single-family character of the district, at moderate densities. District regulations are intended to discourage any use that substantially interferes with the development of single-family, two-family, or three- to four-family dwellings, or that is detrimental to the quiet residential nature of the district.

(D)

Urban Residential (UR) District. The Urban Residential (UR) district is established to accommodate a range of residential development as a principal use, along with mixed-use, neighborhood-serving commercial development, and institutional uses to encourage diverse development. These districts are mid-density, traditional neighborhoods.

(E)

Multi-Family Urban Residential (UR-M) District. The Multi-Family Urban Residential (UR-M) district is established to accommodate a diverse range of residential development as a principal use, along with mixed-use, neighborhood-serving commercial development, and institutional uses to encourage diverse development. These districts are high-density, urban core settings. This district was formerly entitled High Density Urban Residential (UR-H).

(A)

General Purposes. The commercial zoning districts are established for the general purpose of ensuring there are lands in the City that provide a wide range of office, retail, service, mixed, and related uses to meet household and business needs, and more specifically to:

(1)

Provide appropriately located lands for the full range of commercial uses needed by the City's residents, businesses, and workers, consistent with the comprehensive plan;

(2)

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city;

(3)

Create suitable environments for various types of commercial uses, and protect them from the adverse effects of incompatible uses;

(4)

Create suitable environments for various types of mixed use development, where business, office, retail, and residential uses are designed and integrated in compatible ways; and

(5)

Minimize the impact of commercial development on residential districts and uses.

(B)

Neighborhood Mixed-Use (NMU) District. The Neighborhood Mixed Use (NMU) district is established to accommodate a mix of residential and small-scale, low-intensity, and "convenience" retail and service uses that provide goods and services serving the residents of the immediately surrounding neighborhood (e.g., personal service uses, restaurants, and limited retail). Development in the district should not include uses of a size that are out of scale with a residential neighborhood.

(C)

General Mixed-Use (GMU) District. The General Mixed-Use (GMU) district is established to provide a wide variety of professional offices and institutions and a broad range of light and moderate intensity commercial uses proximate to residential and more intense business districts so as to satisfy the demand for services. The district regulations are designed to encourage the formation and continuance of a compatible mixed-use environment that includes residential, commercial, and institutional uses.

(D)

High Intensity Mixed-Use (MU-H) District. The High-Intensity Mixed Use (MU-H) district is established to accommodate a mix of residential and a diverse range of medium to high intensity retail, service, and office uses that provide goods and services serving the residents and businesses in the community at large. The district is typically located along major arterials or at the intersection of arterials.

(A)

General Purposes. The industrial zoning districts are established for the general purpose of ensuring there are lands in the City that provide a wide range of industrial related uses to meet business needs, and more specifically to:

(1)

Provide appropriately located lands for the full range of industrial uses needed by the City's residents, businesses, and workers, consistent with the comprehensive plan;

(2)

Strengthen the city's economic base, and provide employment opportunities close to home for residents of the city;

(3)

Create suitable environments for various types of industrial uses, and protect them from the adverse effects of incompatible uses;

(4)

Create suitable environments for various types of mixed use development, where business, office, and industrial uses are designed and integrated in compatible ways;

(5)

Minimize the impact of industrial development on residential districts and uses.

(B)

Light Industrial (IL) District. The Light Industrial (IL) district is established and intended to accommodate light manufacturing, assembly, fabrication, processing, distribution, storage, research and development, and other industrial uses that are small-scale or otherwise have minimal exterior movement of vehicles, materials, and goods, and well as few or minimal adverse environmental and visual impacts.

(C)

Industrial (IN) District. The Industrial (IN) district is established and intended to accommodate heavy manufacturing, fabrication, processing, distribution, storage, research and development, and other industrial uses that may be large-scale or otherwise have extensive exterior movement of vehicles, materials, and goods, and greater potential for adverse environmental and visual impacts.

(A)

General Purpose. The special zoning districts established in this Ordinance are intended to address special areas of the City where special area plans and related regulations have been prepared to regulate development.

(B)

Waterfront (WF) District.

(1)

Purpose and Intent. The purpose and intent of the Waterfront (WF) district is to:

(a)

Encourage development of high quality, mixed-use residential, retail, office, or hotel development that is enhanced by its close proximity to the Elizabeth River waterfront;

(b)

Facilitate economic development in the city through enhanced commercial and residential development and increased tourism generated by riverfront development;

(c)

Promote a concentration of uses that result in a high degree of pedestrian attraction and activity along the waterfront, while protecting the area at the shore of the river from building development;

(d)

Integrate commercial and residential uses horizontally at the street level and vertically within buildings, while preserving the views of the Elizabeth River;

(e)

Ensure new development complies with and promotes the city's vision and plans for intensive downtown waterfront development, encouraging pedestrian-oriented streetscapes, connectivity of existing street and pedestrian systems, multi-modal transportation access, high quality architectural design and building materials, and protection of existing views; and

(f)

Establish development requirements that are adaptable to changing market conditions, while encouraging creativity in the design of new mixed development centers.

(2)

Applicability.

(a)

Development in the Waterfront (WF) district, as depicted on the Zoning Map, is subject to the standards of this section.

(b)

In addition to the land designated as WF on the Zoning Map, as of the date of initial adoption of this Ordinance, only lands located along the banks of Scotts Creek and Owens Creek north of the southern line of Spratley Street, and its westward prolongation may be designated WF district on the Zoning Map.

(3)

Review Procedures.

(a)

Modifications to the WF District Location. Applications to amend the Zoning Map boundaries to a WF district consistent with the terms of this section shall be reviewed in accordance with the procedure and standards in Sec. 40.2-532 Zoning Text and Zoning Map Amendments, the Comprehensive Plan, and Sec. 40.2-205(B)(3)(b) Application Requirements.

(b)

Application Requirements. All applications to establish or modify the WF district shall contain a master plan and a design standards statement, prepared in accordance with the following:

(i)

Master Plan. The master plan shall illustrate the conceptual layout of proposed lots, new streets, buildings, uses, and other elements of the proposed development. At a minimum, the master plan shall include the following elements:

a.

Location and mix of proposed uses.

b.

Number (density and intensity), type, and mix of uses for the development as a whole as well as for each sub-area within the development.

c.

Block and lot standards, including: block length, lot size, lot width, and lot coverage.

d.

Building dimensional standards, including: building footprints, yard setbacks, proposed heights, and lot coverage.

e.

Pedestrian and vehicular circulation systems, both on-site and located on adjacent lands.

f.

Parking and loading locations and quantity.

g.

Location of public facilities.

h.

Location, type, amount, and ownership of open space, as defined below.

i.

A stormwater management plan.

j.

Views of the Elizabeth River and downtown areas of Norfolk and Portsmouth from the site of proposed development.

k.

Conceptual landscaping plans that include street trees, appropriate buffers and screens, signage and public art. Special attention shall be paid to providing space for outdoor dining and other outdoor spaces and the interface of the building exterior and these spaces.

(ii)

Design Standards Statement. A design standards statement, in the form of graphics and explanatory text, illustrating how buildings, circulation systems, landscaping, and other elements of the master plan are proposed to be developed in accordance with the requirements of this Ordinance. The design standards statement shall address, at a minimum, the following:

a.

Architectural form, materials, and other guidelines for proposed buildings, especially the interface of the proposed building exterior façade and the proposed open spaces.

b.

Parking design.

c.

Fence and wall standards.

d.

Exterior lighting standards.

e.

Signage descriptions, sizes, and examples.

f.

Street hierarchy (collector streets, local streets, alleys, etc.).

g.

A traffic impact analysis prepared in accordance with Sec. 40-2.545 Transportation Impact Analysis.

h.

Development scheduling/phasing.

i.

Assurance the property and building design will be properly managed (through provision of property owners' association documents that specify maintenance, membership, and member responsibilities of the association, if applicable).

(c)

The development of the buildings and sites contained in an approved master plan must conform to the requirements of the development plan process in Sec. 40.2-208(B).

(d)

As each portion of the development is implemented, the applicant shall submit, in phases, development plans that are consistent with the approved master plan and design standards statement.

(4)

Modification of an Approved Master Plan or Design Standards Statement. Master plans or design standards statements approved as part of an amendment to the Zoning Map may only be modified in accordance with the following requirements.

(a)

Major Changes. Any major changes to an approved master plan or design standards statement shall be processed only in the manner of the original approval. Major changes shall include but not be limited to the following:

(i)

Changes in uses.

(ii)

Decreases in open space set-asides.

(iii)

Substantial changes in the location of streets.

(iv)

Substantial changes to the design and/or materials of structures.

(v)

Change in the location of any non-utility public easement.

(vi)

Change in the proportion of housing types by more than ten percent.

(vii)

Changes in the phasing schedule.

(viii)

Violation of any condition of approval.

(ix)

Significant changes in the appearance of building(s).

(b)

Minor Deviations. Minor deviations from an approved master plan or design standards statement are not major changes and may be approved by the Zoning Administrator. Minor deviations shall include, but not be limited to, the following:

(i)

Driveway relocations.

(ii)

Structure floor plan revisions.

(iii)

Minor alterations to the architecture of structures and similar replacement of building materials.

(iv)

Facility design modifications for amenities.

(v)

Modifications to any dimensional standard by ten percent or less.

(vi)

Substitutions of landscaping materials within the same genus or minor modifications to landscape plans determined during the construction process to be necessary.

(5)

Development Standards. Development in the WF district shall be subject to the development standards in Article III Development Standards, and the following standards. In the event the standards in this section conflict with the standards in in Article III Development Standards, the standards in this section shall control.

(a)

Minimum Land Area. The proposed district shall contain at least one contiguous acre (43,560 square feet), including roadways. Additional land may be designated as WF district in accordance with the procedure and standards in Sec. 40.2-532 Zoning Text and Zoning Map Amendments, provided:

(i)

The land designated is contiguous to an existing WF district; and

(ii)

The land is adjacent to the southern branch of the Elizabeth River.

(b)

Building Orientation. Buildings shall be sited close to streets with their front façades facing the street from which the building derives its street address.

(c)

Minimum Building Height. All development shall have a minimum height of 50 feet, with a first-floor height of at least 14 feet.

(d)

Building Fenestration. Building façades along street frontages (except alleys) shall be fenestrated in accordance with the following standards:

(i)

Street-level Floor.

a.

Nonresidential Uses.

1.

At least 60 percent of nonresidential building façades between two and eight feet in height along the street frontage shall be comprised of glass windows or glass doors that allow views into the building.

2.

Windows used to satisfy these requirements shall be at least four feet in height.

b.

Residential and Mixed Uses.

1.

Windows shall comprise a minimum of 30 percent of a residential or mixed-use building façade between two and eight feet in height along the street frontage.

2.

Windows shall be double-hung, awning, or casement-style, and shall be configured so that at least one window within each single wall opening is operable.

(ii)

Upper Floors. Windows shall comprise a minimum of 30 percent of each floor's façade between two and eight feet in height above the floor level.

(e)

Streetscapes.

(i)

Buildings along streets shall form a consistent line of building façades, relative to the street edge.

(ii)

Street trees, sidewalks and pedestrian-scaled lighting of no greater than 14 feet in height shall be included in streetscape areas to create a comfortable walking environment.

(iii)

Pedestrian amenities (such as benches) shall be consistent with city standards for outdoor furniture downtown and shall also be provided, as appropriate, throughout the development site.

(f)

Open Space Set-Asides.

(i)

Each development in the WF district shall provide at least 20 percent of the total lot area in open space set-aside in the form of roof gardens, landscaped grounds, or atriums.

(ii)

Each such open space set-aside shall contain landscaping, public art elements, or pedestrian elements, and shall be configured to blend with the architecture of the development.

(iii)

The City Council may accept developments with no more than 15 percent of the total land area in open space set-aside in cases where lots are small, or where existing open space resources are already provided in sufficient amounts by existing development.

(g)

Residential Density. In no instance shall development exceed 100 units per acre.

(h)

Maximum Floor Area. Except for high-rise multi-family development, office buildings, parking structures, hotels, convention centers, or retail development, no use shall exceed 30,000 square feet of floor area.

(i)

Prohibited Uses and Development Features. Notwithstanding the standards in Table 40.2-216, Use Table, the following uses or development features are prohibited within the WF district:

(i)

Check-cashing establishments;

(ii)

Pay day loan establishments;

(iii)

Nail salons;

(iv)

Tanning establishments; and

(v)

Drive-throughs.

(C)

Conservation (C) District.

(1)

Purpose and Intent.

(a)

The Conservation (C) district is established and intends to conserve and protect identifiable natural resources from urban encroachment. The purpose of the Conservation district is to:

(i)

Conserve watercourses and protect them from erosion and sedimentation;

(ii)

Retain open spaces and greenways and protect their environmentally-sensitive character;

(iii)

Conserve wildlife and plant life habitats and protect them from the intrusions of urbanization;

(iv)

Provide air and noise buffers to ameliorate the effects of development; and

(v)

Preserve and maintain the aesthetic qualities and appearance of the community.

(b)

The district discourages development that creates risks for loss of life or property from normal natural processes and events in natural hazard areas (e.g., floodplains) for conservation:

(i)

Conservation of city's critical and environmental areas;

(ii)

Including parklands, open space, archeological sites, cemetery grounds, wetland ecology, and land for recreation use.

(c)

The Conservation district was formerly entitled Preservation/Government (PG).

(2)

Dimensional Standards. Development within the C district shall comply with the standards in Table 40.2-205. Table 40.2-205 Area and Bulk Requirements, sets out the minimum lot requirements for the Conservation district established by this Ordinance.

TABLE 40.2-205: AREA AND BULK REQUIREMENTS

(A)

Historic District Definitions:

CONTRIBUTING PROPERTY—A property that due to form, materials, architectural details and relation to surrounding properties contribute favorably to the general character of the part of the historic district in which they are located.

NONCONTRIBUTING PROPERTY—A property so designated on the inventory map of historic districts and properties which is adopted as a part of this Ordinance, being generally those properties which by reason of age, condition, amount of alterations, form, materials, architectural details and relation to surrounding properties do not contribute favorably to the general character of the part of the historic district in which they are located.

MATERIAL CHANGE IN APPEARANCE—-A change that will affect either the exterior architectural or environmental features of an historic structure or any contributing or noncontributing building, structure, site, object, or landscape feature within an historic district, such as:

(1)

Reconstruction or alteration of the size, shape, or façade of an historic building, including relocation of any doors or windows or removal or alteration of any architectural features, details, or elements.

(2)

Demolition or relocation of an historic structure.

(3)

Commencement of excavation for construction purposes.

(4)

Change in the location of advertising visible from the public right-of-way.

(5)

The erection, alteration, restoration or removal of any building or other structure within an historic property or district, including walls, fences, steps, and pavements, or other appurtenant features.

(6)

New construction within an historic district.

REHABILITATION—The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.

STRUCTURE, HISTORIC—An historic landmark or a contributing structure in an historic district.

(B)

General Purposes. The historic districts are created for the promotion and preservation of Portsmouth's educational, cultural, and economic interests through:

(1)

The preservation and protection of historic buildings, structures, places, and areas of historic interest;

(2)

The preservation, protection and maintenance of buildings, structures, places and areas that mark the history of the colony, the Commonwealth of Virginia, and the City of Portsmouth;

(3)

Appropriate redevelopment and maintenance of historic buildings, structures, places, and areas;

(4)

The regulation and control of new development to preserve and protect areas of historical interest and the historical context of the area; and

(5)

The promotion, development, and preservation of the economy, commerce and industry of the Commonwealth of Virginia and the City of Portsmouth, specifically with regard to property values and tourist trade, through the preservation and protection of historic buildings, structures, places and areas.

(C)

Historic Districts Established and Continued. The following historic districts are established and continued as shown on the Zoning Map:

(1)

Truxtun Historic District;

(2)

Cradock Historic District;

(3)

Port Norfolk Historic District;

(4)

Olde Towne Historic District; and

(5)

Park View Historic District.

(D)

Certificate of Appropriateness (COA) Required. New development, rehabilitation, redevelopment, or demolition within an historic district requires approval of a Certificate of Appropriateness (in addition to any other required permits) in accordance with the procedures and requirements in Sec. 40.2-536 Certificates of Appropriateness (COA).

(E)

Dimensional Standards. Uses within the historic districts shall comply with the following dimensional requirements:

(1)

Table 40.2-206(1) Dimensional Requirements within the Historic Districts, sets out the dimensional standards required for each of the five historic districts, except as modified by the following regulations:

(a)

New construction, additions, or other improvements shall not create more than two square feet of floor area per each square foot of lot size.

(b)

Establishment of a new nonresidential building or conversion of a dwelling unit to an office shall require a minimum lot size of at least 4,500 square feet.

(c)

In Port Norfolk, lots with a four-family dwelling, one additional unit is permitted for each additional 5,600 square feet of lot area over 11,200 and/or additional four-family dwellings may be permitted for each additional 11,200 square feet of lot area over 11,200.

(d)

In Olde Towne and Park View, lots with a four-family dwelling, one additional unit may be permitted for each additional 3,045 square feet of lot area over 6,090.

Table 40.2-206(1): DIMENSIONAL REQUIREMENTS WITHIN HISTORIC DISTRICTS

(2)

Accessory Structures or Buildings in Historic Districts.

(a)

Accessory structures must observe a five foot rear and side yard setback.

(b)

Accessory structures shall not exceed 600 square feet in area.

(c)

Accessory structures shall not be taller than the principal structure on the lot.

(3)

Front Yard Setbacks.

(a)

Front yard setback shall be at least three feet in depth.

(b)

No new construction shall be located within a front yard setback, unless necessary to maintain consistency with established front yard context on adjacent lots.

(4)

Side Yard Setbacks.

(a)

Lots less than 30 feet in width shall maintain side yard setback of at least three feet.

(b)

Lots 30 feet wide or wider shall maintain side yards setbacks of at least five feet.

(c)

No new construction shall be located within a required side yard setback.

(5)

Rear Yard Setbacks. Rear yard setbacks shall be at least 20 feet deep.

(6)

Minimum Distance from Lot Lines. No new construction shall be established within three feet of any lot line.

(7)

Landscaped Area. Each lot shall maintain a landscaped area with a minimum size corresponding to 20 percent of the lot size.

(F)

Permitted Uses.

(1)

General. The range of permitted uses on a lot located within a particular historic district is subject to the lot's historic sub-district designation depicted on the Zoning Map and Table 40.2-216 Use Table.

(2)

Historic Sub-Districts. Each historic district is comprised of one or more sub-districts as depicted on the Zoning Map. The range of allowable uses on a lot within a historic district is controlled by its sub-district designation, Table 40.2-216 Use Table, and the following standards:

(a)

Historic Residential (HR) Sub-district. The HR sub-district is intended for residential uses, but also allows some public and institutional uses, all subject to the use-specific standards in Sec. 40.2-217 Use-Specific Standards.

(b)

Historic Limited Office (HLO) Sub-district. The HLO sub-district is intended for professional office uses as well as limited residential and institutional uses, subject to the use-specific standards in Sec. 40.2-217 Use-Specific Standards, and the following:

(i)

Residential and office uses may be mixed within a single structure provided the residential portion occupies less than 50 percent of the building's total floor area.

(c)

Historic Limited Business (HLB) Sub-district. The HLB sub-district is generally intended for commercial uses with, along with limited residential, and institutional uses. Residential and nonresidential uses may be combined within a building in this sub-district, provided:

(i)

Buildings with one bedroom include at least 400 square feet of useable floor area solely for residential purposes;

(ii)

Buildings with two bedrooms include at least 700 square feet of useable floor area solely for residential purposes; and

(iii)

Buildings with three bedrooms include at least 800 square feet of useable floor area solely for residential purposes.

(G)

District-Specific Standards. The following district-specific standards shall apply to new uses and redevelopment within the historic districts:

(1)

Off-Street Parking.

(a)

Off-street parking spaces shall be provided in accordance with Table 40.2-301(1), Minimum Off-Street Parking Standards.

(b)

Parking requirements for two or more uses may be provided in a common parking area, provided that all uses being served by the common parking area are under the common ownership.

(c)

Parking lots of four or more spaces shall be paved with cobblestone or other approved material which enhances the aesthetic quality of the historic area.

(2)

Exterior Lighting. Lighting shall be provided in accordance with the standards in Sec. 40.2-306 Exterior Lighting, and no exterior lighting shall exceed a height of nine feet from the adjacent grade.

(3)

Signage.

(a)

New signage and changes to existing signage require approval of a Certificate of Appropriateness (See Sec. 40.2-536 Certificates of Appropriateness (COA).)

(b)

Any authorized changes shall be made within two years of approval.

(c)

Signage that fails to comply with the applicable standards in this Ordinance shall be removed, at the owner's expense, within six months of notice provided by the City.

(4)

Required Landscaping. All private areas not covered with building or surface treatment shall be landscaped with plantings, grass, pedestrian walks or similar features, in accordance with Sec. 40.2-304 Landscaping and Screening and shall be maintained in good condition.

(5)

Historic Markers.

(a)

Historic markers shall be made available to the owner of any building designated as a historic landmark.

(b)

The markers shall show the date of construction and the historic significance of the structure and shall be placed on the structure or adjacent to it.

(c)

It shall be unlawful for anyone to display an unauthorized marker or to remove an authorized marker without the prior consent of the structure owner and the City.

(6)

Conversion of Single-Family Detached Dwellings. The conversion of existing single-family detached dwellings into two-family, three- to four-family dwellings or multi-family dwellings is permitted within the Olde Towne, Port Norfolk, and Park View Historic Districts subject to a Use Permit (See Sec. 40.2-533 Use Permits), and compliance with the following standards:

(a)

Construction Date. Existing single-family detached dwellings may be converted in accordance with this section provided the original building existed prior to:

(i)

October 24, 1967 in the Olde Towne Historic District;

(ii)

April 26, 1983 in the Port Norfolk Historic District; and

(iii)

April 1, 1984 in the Park View Historic District.

(b)

Exterior Alterations Prohibited.

(i)

Conversions completed in accordance with these provisions shall not result in any exterior additions to the structure.

(ii)

Any new building entrances shall be to the rear or side of the structure.

(c)

Minimum Floor Area. After conversion, the floor area of each dwelling unit shall include a minimum of 600 square feet.

(d)

Maximum Number of Units. The number of dwelling units permitted within a single structure shall be in accordance with Table 40.2-206(2) Maximum Number of Dwelling Units.

(i)

In the Olde Towne Historic District, any building larger than 5,000 square feet may be converted into additional dwelling units provided each dwelling unit contain at least 2,500 square feet.

TABLE 40.2-206(2): MAXIMUM NUMBER OF DWELLING UNITS

(e)

Off-Street Parking Standards.

(i)

Amount. Converted residential buildings shall provide at least one off-street parking space per dwelling unit, but no more than two spaces per dwelling unit may be provided.

(ii)

Location. Off-street parking spaces shall be located to the rear or side of a structure, and accessed by an alley, if one exists.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, § 36, 5-23-2023)

(A)

General Purposes. The Downtown (D1) district and sub-districts are created for the purposes set forth herein and without limitation, for the promotion and preservation of the City's educational, cultural and economic interests, opportunities and advantages. The district includes and bounds the Downtown Design Overlay District and significant tourist routes providing access to historic structures, buildings and locations in downtown Portsmouth. The Downtown (D1) district fulfills this purpose through:

(1)

The preservation and protection of buildings, structures, places and areas of educational, cultural, economic and civic interest in the area designated by City Council as the Downtown (D1) district.

(2)

The development and maintenance of appropriate settings and environment for such buildings, structures, places and areas;

(3)

The protection and enhancement of the tourist corridors leading to the designated historic districts, governmental facilities and historic waterfront;

(4)

The regulation and control of construction of new buildings and structures in accordance with the City's comprehensive plan, adopted by the City Council.

(B)

Downtown D1 Sub-Districts.

(1)

Permitted Uses. Uses permitted in the Downtown Districts shall be governed according to sub-districts, as shown on the Zoning Map. Table 40.2-216 Use Table of Sec. 40.2-216 lists the uses allowed in the various sub-districts. The designations and general purposes of the sub-districts are as follows:

(a)

T3 Sub-District (Urban Residential). The T3 sub-district contains a mix of residential uses, but maintains a residential urban fabric. These areas, furthest from the Olde Towne Historic District, represent the least intense development downtown. This sub-district contains flexible dimensional requirements and densities to allow development consistent with the design of existing downtown neighborhoods.

(b)

T4 Sub-District (General Urban). The T4 sub-district contains a mix of uses, but maintains a predominantly residential urban fabric. These areas, nearest to the Olde Towne Historic District, represent moderately intense urbanism in the downtown. This sub-district contains flexible dimensional requirements and densities to allow development complimentary to and building upon the design of existing downtown neighborhoods.

(c)

T5 Sub-District (Urban Center). The T5 sub-district contains a higher density mix of uses with primarily retail space permitted on the ground floor.

(d)

T6 Sub-District (Urban Core). The T6 sub-district is designed for high-density and waterfront mixed uses. This sub-district is the most intense land use Downtown.

(e)

SD Sub-District (Special District). The SD sub-district is a low-intensity, limited industrial mixed-use district. This sub-district is intended to provide employment with mixed-uses, including manufacturing, distribution and warehousing, as well as civic uses and retail uses.

(C)

Downtown Sub-Districts Dimensional Standards. Table 40.2-207, Downtown Sub-Districts Dimensional Standards, sets out the minimum requirements for the Downtown D1 sub-district established by this Ordinance.

TABLE 40.2-207: DOWNTOWN SUB-DISTRICTS DIMENSIONAL STANDARDS

(D)

Conversions of Existing Structures.

(1)

If converting an existing structure in the D1 district, the lot is exempt from the required density in Table 40.2-207.

(E)

Fenestration Standards.

(1)

Street-level.

(a)

Nonresidential Uses. For nonresidential uses, a minimum of 50 percent of the building façade between two and eight feet in height along the street frontage shall be comprised of windows and/or doors.

(b)

Residential Uses. For residential uses, windows shall comprise a minimum of 30 percent of the building façade between two and eight feet in height along the street frontage, relative to the finished floor elevation.

(F)

Site Access and Screening.

(1)

Curb cuts or driveways shall be located at least 75 feet away from any block corner or another garage entry on the same block face unless modified by the City Engineer.

(2)

Ground-level mechanical and electrical equipment including, but not limited to, air compressors, hoods, mechanical pumps, exterior water heaters, water softeners, utility and telephone transformers, meters or boxes, garbage cans, storage tanks and similar elements may not be stored or located within any right-of-way and shall be screened from all offsite views, including the Seawall.

(3)

Roof mounted equipment shall be screened from all offsite views from the public right-of-way, including the Seawall.

(G)

Signs. See Sec. 40.2-307 Signage for sign standards in the D1 district.

(H)

Exterior Lighting. See Sec. 40.2-306 Exterior Lighting for lighting standards in the D1 district.

(I)

Landscaping and Screening. See Sec. 40.2-304 Landscaping and Screening for landscaping standards in the D1 district.

(J)

Fences and Walls. See Sec. 40.2-305 Fences and Walls for fencing standards in the D1 district.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, §§ 1, 2, 5-23-2023)

(A)

General.

(1)

Purpose. Overlay zoning districts are superimposed over portions of one or more underlying zoning districts with the intent of supplementing generally applicable development regulations with additional development regulations that address special area-specific conditions, features, or plans while maintaining the character and purposes of the underlying zoning district.

(2)

Establishment of Overlay Zoning Districts. Table 40.2-208 Overlay Zoning Districts Established, sets out the overlay zoning districts established by this Ordinance. Except where specifically provided, Variances from the overlay zoning district standards shall not be granted.

TABLE 40.2-208: OVERLAY ZONING DISTRICTS ESTABLISHED

(3)

Classification of Overlay Zoning Districts. Land shall be classified or reclassified into an overlay district only in accordance with the procedures and requirements set forth in Sec. 40.2-532 Zoning Text and Zoning Map Amendments.

(4)

Relationship to Other Zoning Districts.

(a)

Regulations governing development in an overlay district shall apply in addition to the regulations governing development in the underlying base zoning district, unless expressly stated otherwise in these regulations.

(b)

If the standards governing an overlay district expressly conflict with those governing a base zoning district, the standards governing the overlay district shall control, unless expressly stated otherwise in the overlay district regulations.

(c)

Where land is classified into multiple overlay districts and the standards governing one overlay district expressly conflict with those governing another overlay district, the more restrictive standard shall apply.

(B)

Master-Planned (MP) Overlay District.

(1)

Purpose.

(a)

The Master-Planned (MP) Overlay District is intended to provide an opportunity for the establishment of new development that departs from the range of dimensional and development standards typically applied to development in the City, subject to an approved master plan.

(b)

The minimum quality of development in the MP overlay district is anticipated to exceed the level that would otherwise result from the strict application of the typical range of dimensional and development standards.

(2)

Applicability. The MP overlay district is available for application to lands of two acres in size or greater.

(3)

Procedure. The MP overlay district is established in accordance with the procedure and requirements for an amendment to the Zoning Map in accordance with Sec. 40.2-532 Zoning Text and Zoning Map Amendments, and the standards in this section.

(4)

Standards. Before approving a MP overlay zoning district classification, the City Council shall find that the application for the MP overlay zoning district classification, as well as the master plan and the terms and conditions included as part of the application, comply with the following standards:

(a)

MP Overlay Master Plan. The MP overlay master plan shall:

(i)

Include a statement of planning objectives for the district;

(ii)

Identify the general location of individual development areas, identified by land use(s) and/or development density or intensity;

(iii)

Identify for the entire MP overlay district and each development area the acreage, types and mix of land uses, number of residential units (by use type), nonresidential floor area (by use type), residential density, and nonresidential intensity;

(iv)

Identify the general location, amount, and type (whether designated for active or passive recreation) of open space set-asides;

(v)

Identify the location of environmentally sensitive lands, wildlife habitat, and stream corridors;

(vi)

Identify the on-site transportation circulation system, including the general location of all public and private streets, existing or projected transit corridors, and pedestrian and bicycle pathways, and how they will connect with existing and planned city systems;

(vii)

Identify the general location of on-site potable water and wastewater facilities, and how they will connect to city systems;

(viii)

Identify the general location of on-site stormwater management facilities, and how they will connect to city systems; and

(ix)

Identify the general location of all other on-site public facilities serving the development, including, but not limited to, parks, schools, and facilities for fire protection, police protection, EMS, stormwater management, and solid waste management.

(b)

Terms and Conditions Statement. The terms and conditions statement shall incorporate by reference or include, but not be limited to:

(i)

Conditions related to approval of the application for the MP overlay zoning district classification;

(ii)

The MP overlay master plan, including any density/intensity standards, dimensional standards, and development standards established in the MP overlay master plan;

(iii)

Conditions related to the approval of the MP overlay master plan, including any conditions related to the form and design of development shown in the MP overlay master plan;

(iv)

Provisions addressing how transportation, potable water, wastewater, stormwater management, and other public facilities will be provided to accommodate the proposed development;

(v)

Provisions related to environmental protection and monitoring; and

(vi)

Any other provisions the City Council determines are relevant and necessary to the development of the MP overlay in accordance with applicable standards and regulations.

(c)

Consistency with City Plans. The MP overlay zoning district designation, the MP overlay master plan, and the terms and conditions statement shall be consistent with the comprehensive plan and any applicable small area plans adopted by the city.

(d)

Development Phasing Plan. If development in the MP overlay district is proposed to be phased, the MP overlay master plan shall include a development phasing plan that identifies the general sequence or phases in which the district is proposed to be developed, including how residential and nonresidential development will be timed, how infrastructure (public and private) and open space set-asides will be provided and timed, and how development will be coordinated with the city's capital improvements program.

(e)

Conversion Schedule.

(i)

The MP overlay master plan may include a conversion schedule that identifies the extent to which one type of residential use may be converted to another type of residential use and one type of nonresidential use may be converted to another type of nonresidential use (i.e., residential to residential, or nonresidential to nonresidential).

(ii)

These conversions may occur within development areas and between development areas, as long as they occur within the same development phase, as identified by the approved development phasing plan, and are consistent with the conversion schedule.

(f)

On-Site Public Facilities.

(i)

Design and Construction. The MP overlay master plan shall establish the responsibility of the developer/landowner to design and construct or install required and proposed on-site public facilities in compliance with applicable city, state, and federal regulations.

(ii)

Dedication. The MP overlay master plan shall establish the responsibility of the developer/landowner to dedicate to the public the rights-of-way and easements necessary for the construction or installation of required and proposed on-site public facilities in compliance with applicable city, state, and federal regulations.

(iii)

Modifications to Street Standards. In approving a MP overlay master plan, the City Council may approve modifications or reductions of public street design standards—including those for right-of-way widths, pavement widths, required materials, and turning radii—on finding that:

a.

The MP overlay master plan provides for separation of vehicular, pedestrian, and bicycle traffic;

b.

Access for emergency service vehicles is not substantially impaired;

c.

Adequate off-street parking is provided for the uses proposed; and

d.

Adequate space for public utilities is provided within the street right-of-way.

(g)

Allowable Uses.

(i)

The range of allowable uses within a MP overlay district shall be the same range of uses allowed within the underlying base district as identified in Table 40.2-216 Use Table.

(ii)

All applicable use-specific standards shall continue to apply within the MP overlay district.

(h)

Densities/Intensities. The densities for residential development and the intensities for nonresidential development applicable in each development area of a MP overlay district shall be as established in the MP overlay master plan, and shall be consistent with city plans.

(i)

Dimensional Standards. The dimensional standards applicable in each development area of a MP overlay district shall be as established in the MP overlay master plan. The MP overlay Master Plan shall include at least the following types of dimensional standards:

(i)

Minimum lot area;.

(ii)

Minimum lot width;

(iii)

Minimum and maximum setbacks;

(iv)

Maximum lot coverage;

(v)

Maximum building height;

(vi)

Maximum individual building size;

(vii)

Floor area ratio; and

(viii)

Minimum setbacks from adjoining residential development or residential zoning districts.

(j)

Development Standards. All development in a MP overlay district shall comply with the development standards of in Article III Development Standards, or any modifications of those standards shall be established in the MP overlay master plan, and shall be consistent with the comprehensive plan and the intent of MP overlay district.

(k)

Amendments to an Approved MP Overlay Master Plan.

(i)

General. If an applicant determines it is necessary to alter the concept or intent of the master plan or terms and conditions, the master plan or terms and conditions shall be amended, extended, or modified only in accordance with the procedures and standards for its original approval.

(ii)

Amendments Defined. The following items are considered an alteration of the concept or intent of the master plan and are treated as an amendment:

a.

Changes in use designations;

b.

Density/intensity increases;

c.

Decreases in open space set-asides;

d.

Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);

e.

Change in the location of any non-utility public easement;

f.

Change in the proportion of housing types by more than ten percent;

g.

Substantial changes to the design or materials of structures; or

h.

Violation of any specific condition of the master plan or terms and conditions.

(l)

Minor Deviations.

(i)

General.

a.

Subsequent plans and permits for development within an approved MP overlay district may include minor deviations from the master plan or terms and conditions, provided such deviations are limited to changes addressing technical considerations that could not reasonably be anticipated during the zoning classification process or any other change that has no material effect on the character of the approved district or any of its requirements.

b.

Changes that materially affect the basic concept of the master plan or basic parameters set by the terms and conditions are not considered minor deviations, and shall only be changed as amendments to the MP overlay district.

(ii)

Minor Deviations Defined. The following shall constitute minor deviations:

a.

Driveway locations;

b.

Structure floor plan revisions;

c.

Minor shifts in building size or location; and

d.

Facility design modifications for amenities and the like.

(C)

Downtown Design (DD) Overlay District.

(1)

Purpose.

(a)

The purpose of the Downtown Design Overlay District is to support and enhance the downtown character for the designated area as identified on the Zoning Map.

(b)

District standards, in addition to those of the base sub-districts, support pedestrian oriented land uses as well as auto dependent land uses in designated locations.

(2)

Applicability.

(a)

The standards and requirements included in this overlay district apply to all development in the DD Overlay District as identified.

(b)

Street corridor specific standards shall apply to those street corridors as specifically identified.

(3)

Standards.

(a)

The standards outlined in the Downtown Design Manual apply in the DD Overlay District.

(b)

New development, rehabilitation, redevelopment, or demolition within the DD Overlay District requires approval of a Certificate of Appropriateness (in addition to any other required permits) from the Downtown Design Committee (DDC) in accordance with the procedures and requirements in Sec. 40.2-536 Certificates of Appropriateness (COA).

(D)

Innovation (I) Overlay District.

(1)

Purpose.

(a)

The purpose of the Innovation Overlay District is to support activity that stimulates innovation while offering value to entities that drive the economy and enhances the existing mixed-use character of the designated area as identified on the Zoning Map.

(b)

District standards, in addition to those of the base districts, support knowledge exchange, inclusive technology-driven services, and creative incubators with pedestrian oriented land uses as well as auto dependent land uses in designated locations.

(2)

Applicability.

(a)

The standards and requirements included in this overlay district apply to all development in the I Overlay District as identified.

(b)

Street corridor specific standards shall apply to those street corridors as specifically identified.

(3)

Sub-Districts Established. The Innovation Overlay District shall be comprised of a series of sub-districts, each with unique development and design standards.

(a)

London Boulevard Corridor;

(b)

High Street Corridor;

(c)

County Street Corridor.

(4)

Procedure. New development or redevelopment, signs, façade changes, and lighting visible from a public right-of-way within the Innovation Overlay District shall be reviewed in accordance with the applicable development review procedure.

(5)

General Standards. The following standards apply in the Innovation Overlay District:

(a)

A building on a lot abutting London Boulevard, High Street or County Street shall have the principal entrance to the building facing these streets unless the lot is a corner lot with a previously established frontage on a different public street.

(b)

On London Boulevard, building or buildings may be perpendicular to London Boulevard with principal façades and entrances facing the parking lot with parking located in the front of the building.

(c)

As an alternative to the standards in Sec. 40.2-218, the building setback along London Boulevard may be the average of other buildings along the same block.

(d)

Buildings on High Street may reduce the front setback to zero if abutting a sidewalk of at least eight feet in width. As an alternative, the building front setback along High Street may be the average of other building setbacks along the same block.

(e)

Buildings on County Street may reduce the front setback to ten feet. As an alternative, the building setback along County Street may be the average of other building setbacks along the same block.

(f)

Buildings on Effingham Street may reduce the front setback to five feet.

(g)

Developments in the Innovation Overlay District may apply for a Special Exception in accordance with Sec. 40.2-535 if complying with the parking requirements in Sec. 40.2-301 is not feasible.

(6)

Prohibited Uses. The following uses are prohibited with the exception of developments facing London Boulevard or Effingham Street:

(a)

Development with drive-through facilities;

(b)

Convenience stores with gasoline pumps; and

(c)

Gasoline sales.

(7)

Residential Densities.

(a)

Residential densities for residential development other than single-family detached shall be allowed up to 32 units per acre in the NMU district.

(b)

Residential densities for residential development other than single-family detached shall be allowed up to 64 units per acre in the GMU district.

(E)

Entertainment (E) Overlay District.

(1)

Definitions. For the purposes of this section, the following words and terms shall have the following respective meanings, except where the context clearly indicates a different meaning:

(a)

"Board" means the Virginia Lottery Board established by Ch. 41 of the Code of Virginia.

(b)

"Casino gaming" or "game" means baccarat, blackjack, twenty-one, poker, craps, dice, slot machines, roulette wheels, Klondike tables, punchboards, faro layouts, numbers tickets, push cards, jar tickets, or pull tabs and any other activity that is authorized by the Board as a wagering game or device under Ch. 41 (§ 58.1-4100 et seq.). "Casino gaming" or "game" includes on-premises mobile casino gaming.

(c)

"Casino gaming establishment" has the meaning set forth in Sec. 40.2-213.

(d)

"Casino gaming operator" means any person issued a license by the Board to operate a casino gaming establishment.

(e)

"Department" means the independent agency responsible for the administration of the Virginia Lottery created in Ch. 41 of the Code of Virginia.

(f)

"Director" means the Director of the Virginia Lottery.

(g)

"Gaming operation" means the conduct of authorized casino gaming within a casino gaming establishment.

(h)

"On-premises mobile casino gaming" means casino gaming offered by a casino gaming operator at a casino gaming establishment using a computer network of both federal and nonfederal interoperable packet-switched data networks through which the casino gaming operator may offer casino gaming to individuals who have established an on-premises mobile casino gaming account with the casino gaming operator and who are physically present on the premises of the casino gaming establishment, as authorized by regulations promulgated by the Board.

(i)

"Lottery" or "state lottery" means the lottery or lotteries established and operated pursuant to Ch. 41 of the Code of Virginia.

(j)

"Sports betting" means placing wagers on sporting events as such activity is regulated by the Board. "Sports betting" includes placing bets in-person and online sports betting on events as authorized by the Board.

(k)

"Supplier" means any person that sells or leases, or contracts to sell or lease, any casino gaming equipment, devices, or supplies, or provides any management services, to a licensee.

(l)

"Ticket courier service" means a service operated for the purpose of purchasing Lottery tickets on behalf of individuals located within or outside the Commonwealth and delivering or transmitting such tickets, or electronic images thereof, to such individuals as a business-for-profit delivery service.

(m)

"Voluntary exclusion program" means a program established by the Board that allows individuals to voluntarily exclude themselves from the gaming areas of facilities under the jurisdiction of the Board by placing their name on a voluntary exclusion list and following the procedures set forth by the Board.

(2)

Purpose.

(a)

An entertainment overlay district is intended to establish standards and conditions for the development and operation of an entertainment establishment and/or casino gaming establishment including accessory uses while protecting the public health, safety, and general welfare by insuring they are compatible with existing and anticipated land uses (Code of Virginia § 58.1-4101).

(b)

Because of the special characteristics of an entertainment overlay district, in particular casino gaming establishments, development in this district will require flexibility to accommodate their unique needs, especially in terms of signage and exterior lighting that would not typically be permitted in other areas of the City.

(3)

Applicability.

(a)

An entertainment overlay district is an overlay district that is superimposed over the High Intensity Mixed-Use (MU-H) zoning district with the intent of supplementing generally applicable development regulations with additional development regulations that address special area- and use-specific conditions, features, or plans while maintaining the character and purposes of the underlying base MU-H zoning district.

(b)

The standards and requirements included in this overlay district apply to all development in an entertainment overlay district as identified.

(4)

Procedure.

(a)

An entertainment overlay district is established in accordance with the procedures and requirements for an amendment to the Zoning Map in accordance with Sec. 40.2-532 Zoning Map Amendment (Rezoning), and the standards in this section.

(b)

The following are requirements for an application to establish an entertainment overlay district.

(i)

Entertainment Overlay District Conceptual Master Plan. Development within an entertainment overlay district shall conform to the requirements of the City Council approved master plan. An entertainment overlay district master plan shall include:

a.

Statement of planning objectives for the district;

b.

District boundaries;

c.

Location and square footage of individual development areas, identified by land use(s) and/or development density or intensity;

d.

Conceptual architectural elevations of proposed entertainment establishment and/or casino gaming establishment footprints, setbacks, proposed heights, and lot coverage;

e.

Architectural form, materials, and other guidelines for proposed buildings;

f.

Parking and loading locations and quantity;

g.

Pedestrian and vehicular circulation systems;

h.

General location of all other on-site public facilities serving the development;

i.

Location, amount, and type of open space set-asides;

j.

Conceptual landscaping plan, including landscaping, street trees, appropriate buffers, and screening;

k.

Conceptual signage plan including signage descriptions, sizes, locations, and examples;

l.

Conceptual exterior lighting plan;

m.

Traffic impact analysis (TIA) prepared in accordance with Sec. 40.1-5.122-545 Traffic Impact Analysis and with Code of Virginia § 15.2-2222, if required;

n.

Development phasing plan in accordance with Sec. 40.2-208(E)(5);

o.

Comprehensive list and justification of any proposed modifications to the applicable development and dimensional standards of the Zoning Ordinance.

(5)

Development Phasing Plan. If development in an entertainment overlay district is proposed to be phased, the entertainment overlay master plan shall include a development phasing plan with specified anticipated uses and timeframes that identifies the general sequence or phases in which the district is proposed to be developed, including:

(a)

Timing, process, and procedure of casino gaming establishment, hotel, convention center, entertainment venues, parking, parking structure, residential, and other nonresidential development; and

(b)

Timing, process, and procedure of development of infrastructure (public and private) and open space.

(6)

General Standards for all Entertainment Overlay Districts.

(a)

Zoning District.

(i)

An entertainment overlay district may only be approved with a base High Intensity Mixed-Use (MU-H) zoning district.

(ii)

Any casino gaming use must be within an entertainment overlay district.

(b)

Minimum District Size.

(i)

An entertainment overlay district shall be at least 25 acres in size.

(ii)

After an entertainment overlay district has been established, any additional land added to the district shall be:

a.

Contiguous, which is defined as adjacent to or directly across any public street from the existing entertainment overlay district. For the purposes of this section, public street shall not include an interstate or similar street-type.

b.

There is no minimum acreage or size requirement for area added to an existing entertainment overlay district.

c.

Expansion of an existing entertainment overlay district shall follow the same process by which the entertainment overlay district was established.

d.

Any area incorporated into an existing entertainment overlay district shall require an amendment to the adopted master plan.

(c)

Density.

(i)

The maximum density for residential development for the entertainment overlay district shall be 60 units per acre.

(ii)

As part of a Use Permit application outlined in Sec. 40.2-533, the applicant may request a higher maximum density for City Council approval.

(d)

Dimensional Standards.

(i)

The dimensional standards applicable in each development area of the entertainment overlay district shall be as required by the dimensional standards of Sec. 40.2-203(D) Commercial Zoning Districts—High Intensity Mixed-Use (MU-H) District of the Zoning Ordinance, unless specified herein.

(ii)

The maximum building height in an entertainment overlay district shall be 200 feet.

(iii)

As part of a Use Permit application outlined in Sec. 40.2-533, the applicant may request an increase in the maximum building height for City Council approval.

(iv)

As part of a Use Permit application outlined in Sec. 40.2-533, the applicant may request a reduction in building setbacks within the overlay district for City Council approval, except no reduction in setbacks is permitted along the perimeter of the entertainment overlay district.

(e)

Uses.

(i)

Uses within an entertainment overlay district shall be the same as the uses within the MU-H zoning district as identified in Table 40.2-216 Use Table with the exception of the following prohibited uses:

a.

Manufactured home;

b.

Rooming or boarding house;

c.

Shelter;

d.

Group home;

e.

Halfway house;

f.

Correctional facility;

g.

Cemetery, columbarium, mausoleum;

h.

All uses in the Adult Uses Category;

i.

Flea market;

j.

Bed and breakfast inn;

k.

Self-service storage facility;

l.

All uses in the Heavy Vehicle Sales and Service Use Category;

m.

All uses in the Light Vehicle Sales and Service Use Category;

n.

All uses in the Industrial Use Classification.

(ii)

All applicable use-specific standards in Sec. 40.2-217 shall continue to apply within the entertainment overlay district.

(iii)

As part of a Use Permit process outlined in Sec. 40.2-533, an applicant may request modifications to use-specific standards for City Council approval.

(f)

Development Standards.

(i)

All development in an entertainment overlay district shall comply with the development standards of Article III Development Standards unless permitted modifications are approved as provided herein.

(ii)

Requests to modify the development standards in Sec. 40.2-301 Off-Street Parking, Sec. 40.2-306 Exterior Lighting, and Sec. 40.2-307 Signage are permitted as provided herein and shall be consistent with the intent of the entertainment overlay district.

(iii)

Off-Street Parking, Loading, and Circulation.

a.

Off-Street Parking.

i.

For uses within a casino gaming establishment, such as casino gaming, restaurants, personal services, and retail, required off-street parking shall be provided at a ratio of not less than 0.75 parking spaces for each gaming position.

1.

Should a hotel or motel be incorporated within a casino gaming establishment, there shall be in addition not less than one parking space for each hotel room.

2.

Should a convention center be incorporated within a casino gaming establishment, there shall be in addition not less than one parking space per 500 square feet of convention space.

ii.

An applicant may request modification to the aforementioned parking standards, in accordance with subsection 40.2-208(E)(6)(f)(iii)(b) below.

iii.

Other uses within an entertainment district overlay shall meet the parking requirements in accordance with Sec. 40.2-301 unless modifications are approved pursuant to subsection 40.2-208(E)(6)(f)(iii)(b) below.

b.

Modifications to parking standards are permitted through:

i.

Alternative Parking Plan.

1.

In cases where development conditions require a deviation from the parking standards in Sec. 40.2-301 and/or Sec. 40.2-208(E)(6)(f)(iii), a request for an Alternative Parking Plan in accordance with Sec. 40.2-301(F) and Sec. 40.2-301(E)(8) shall be required:

a)

As part of the entertainment overlay district master plan;

b)

As part of any development application;

c)

As part of a Use Permit process outlined in Sec. 40.2-533 with a parking demand study; or

d)

As a Special Exception from the Board of Zoning Appeals in accordance with Sec. 40.2-535.

2.

As part of an Alternative Parking Plan, requests for off-site parking to meet the minimum off-street parking requirement is permitted in accordance with Sec. 40.2-301(F)(3), except as provided herein.

3.

Requests for off-site parking to meet the minimum off-street parking requirements shall be located no more than 800 feet from the lot line of the parcel of which the parking is required.

(iv)

Exterior Lighting.

a.

Development in an entertainment overlay district, in particular casino gaming establishments, will have unique needs for exterior lighting that require flexibility and would not typically be permitted in other areas of the City.

b.

Exterior lighting shall comply with local, state, and federal regulations and shall not interfere with any public roadways including the interstate.

c.

Exterior lighting shall comply with Code of Virginia Ch. 12, Title 33.2.

d.

All development in an entertainment overlay district shall comply with Sec. 40.2-306 Exterior Lighting, unless modified in accordance with section e. below, with the following exceptions:

i.

Maximum illumination levels shall be measured at the exterior boundaries of the district and not at any property boundaries within the district.

ii.

Upwardly directed lighting may be used to illuminate structures and landscaping in the district.

iii.

Awnings or canopies used for building accents over doors, windows, etc., may be internally illuminated (i.e. from underneath or behind the awning).

e.

Modifications to exterior lighting standards are permitted through:

i.

Alternative Exterior Lighting Plan.

1.

In cases where development conditions require a deviation from the lighting standards in Sec. 40.2-306, a request for an Alternative Exterior Lighting Plan shall be required:

a)

As part of the entertainment overlay district master plan;

b)

As part of a Use Permit; or

c)

For uses within an entertainment overlay district that do not require a Use Permit, a Use Permit may be applied for to request an Alternative Exterior Lighting Plan.

2.

An application for an alternative exterior lighting plan shall not be requested to increase the maximum illumination levels at the exterior district boundaries.

3.

An application for an Alternative Exterior Lighting Plan shall indicate how compliance with the standards in this Ordinance is impossible or impractical, and shall illustrate how compliance can be achieved to the maximum extent practicable. Alternative plans, materials, or methods may be justified due to:

a)

Lot size or configuration;

b)

The presence of utility or other easements;

c)

The nature of the use or improvement as long as the request(s) does not impact adjacent residential development outside the district or create a safety hazard;

d)

The potential for interference with public safety; and

e)

Other situations where strict adherence to the lighting standards in this Ordinance are determined to be impractical by the Zoning Administrator.

(v)

Signage.

a.

An entertainment overlay district, in particular casino gaming establishments, will have unique needs for signage, such as pylon signs or roof-mounted signs, that require flexibility and would not typically be permitted in other areas of the City.

b.

All signage shall comply with local, state, and federal regulations and shall not interfere with any public roadways including the interstate.

c.

The signs prohibited in Code of Virginia Sec. 33.2-1216 are prohibited in this overlay.

d.

All development in an entertainment overlay district shall comply with Sec. 40.2-307 Signage, unless modified in accordance with subsection 40.2-208(E)(6)(f)(v)(e) below, with the following exception:

i.

Off-premises signs are permitted in the entertainment overlay district.

e.

Modifications to signage standards are permitted through:

i.

Alternative Signage Plan. As part of the entertainment overlay district master plan, an applicant may submit an Alternative Signage Plan to request modification(s) to Sec. 40.2-307.

ii.

Use Permit.

1.

As part of a Use Permit process outlined in Sec. 40.2-533, an applicant may request modifications to sign standards and/or to request signs that are prohibited in Sec. 40.2-307.

2.

For uses within an entertainment overlay district that do not require a Use Permit, a Use Permit may be applied for to request modifications to sign standards and/or to request signs that are prohibited in Sec. 40.2-307.

iii.

Special Exception. As a Special Exception from the Board of Zoning Appeals in accordance with Sec. 40.2-307(M), an applicant may submit an alternative signage plan to request modification(s) to sign standards and/or request signs that are prohibited in Sec. 40.2-307.

iv.

Alternative Sign Overlay District. As a Use Permit or as a Special Exception, an application for the establishment of an Alternative Sign Overlay District shall be submitted, reviewed, and decided upon in accordance with Sec. 40.2-307(N).

(7)

Amendments to an Adopted Entertainment Overlay Master Plan.

(a)

General.

(i)

If an applicant determines it is necessary to alter the concept or intent of the adopted master plan, the master plan shall be amended, extended, or modified only by approval of City Council following the same procedure with which the overlay was established.

(ii)

In addition to the processes listed within this section and Ordinance, modification to the density maximum, building height maximum, use-specific standards in Sec. 40.2-217, and the development standards in Sec. 40.2-301 Off-Street Parking, Sec. 40.2-306 Exterior Lighting, and Sec. 40.2-307 Signage are also permitted via amendment to the adopted master plan as provided herein and shall be consistent with the intent of the entertainment overlay district.

(iii)

Modifications that are approved and referenced in subsection 40.2-208(E)(7)(a)(ii) above will be considered adopted amendments to the adopted entertainment overlay district master plan without requiring a separate amendment.

(iv)

Amendments approved as described in subsection 40.2-208(E)(7)(a)(ii) above shall only apply to the specific property for which the approval was granted and not for the entire entertainment overlay district.

(b)

Amendments Defined. The following items are considered an alteration of the concept or intent of the adopted master plan and are treated as an amendment:

(i)

Any modification to the Development Phasing Plan;

(ii)

Changes in use designations;

(iii)

Decreases in open space set-asides shown on the adopted master plan greater than 20 percent. This does not include open space set-asides specifically required by individual uses in other sections of the Zoning Ordinance;

(iv)

Substantial changes in the location of streets (particularly if streets are to be deleted or access points to the development moved so traffic flows both inside and outside the development are affected);

(v)

Change in the proportion of housing types by more than ten percent;

(vi)

Substantial changes to the design or materials of structures; or

(vii)

Major alteration or modification of any specific condition of the master plan.

(8)

Minor Deviations.

(a)

Subsequent plans and permits for development within an approved entertainment overlay district may include minor deviations from the master plan, provided such deviations are limited to changes addressing technical considerations that could not reasonably be anticipated during the zoning classification process or any other change that has no material effect on the character of the approved entertainment overlay district or any of its requirements. The following shall constitute minor deviations:

(i)

Minor shifts in building size or location;

(ii)

Modifications of open space set-asides less than 20 percent; and

(iii)

Facility design modifications for amenities and the like.

(b)

Minor deviations can be approved through an administrative review process by the Zoning Administrator.

(F)

Chesapeake Bay Preservation Area (CBPA) Overlay District.

(1)

The CBPA Overlay District is superimposed over portions of one or more underlying zoning districts with the intent of supplementing generally applicable development regulations with additional development regulations that address the special-area specific conditions of land in a Chesapeake Bay Preservation Area.

(2)

The provisions establishing and governing the Chesapeake Bay Preservation Area Overlay District are set forth in Ch. 9.1 of the City Code.

(3)

The requirements set forth in Ch. 9.1 of the City Code shall control over any conflicting requirements in this Ordinance.

(G)

Floodplain (FP) Overlay District.

(1)

The FP Overlay District is superimposed over portions of one or more underlying zoning districts with the intent of supplementing generally applicable development regulations with additional development regulations that address the special area-specific conditions of land in the floodplain.

(2)

The provisions establishing and governing the Floodplain Overlay District are set forth in Ch. 14.1 of the City Code.

(3)

The requirements set forth in Ch. 14.1 of the City Code shall control over any conflicting requirements in this Ordinance.

(4)

The various special flood hazard districts shall include the special flood hazard areas (SFHAs).

(5)

The boundaries of the SFHA districts are established as shown on the Flood Insurance Rate Map (FIRM), which is declared to be a part of this Ordinance.

(6)

The basis for the delineation of these districts shall be the flood insurance study (FIS), and flood insurance rate map (FIRM) prepared for the City of Portsmouth by the Federal Emergency Management Agency, Federal Insurance Administration, dated August 3, 2015, and any subsequent revisions or amendments thereto.

(H)

Reserved for Future Use.

(Ord. No. 2023-43, § 37, 5-23-2023)

(A)

Use Table Structure.

(1)

Table 40.2-216 Use Table lists land uses and indicates whether they are:

(a)

Permitted by right within a given district (designated by a "P" for permitted).

(b)

Require a Use Permit within a given district (designated by a "U" for Use Permit).

(c)

Require a Special Exception within a given district (designated by an "S" for Special Exception).

(d)

Prohibited within a given zoning district (designated by a blank).

(2)

Permitted uses are subject to all other applicable requirements of this Ordinance, including those set forth in Article III.

(3)

The Use Table also includes references to additional requirements or regulations applicable to the specific use (in the far right column) in Sec. 40.2-217 Use-Specific Standards.

(4)

The Use Table organizes uses under the following use categories:

(a)

Residential;

(b)

Public and Institutional;

(c)

Commercial;

(d)

Industrial.

(5)

These use categories in the Use Table are further broken down into subcategories based on similar types of uses.

(B)

Developments with Multiple Principal Uses.

(1)

When all principal uses of a development fall within one use category, the entire development is assigned to that use category.

(2)

When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations for that use category.

(3)

Developments with multiple principal uses, such as shopping centers and multi-tenant retail centers, shall incorporate only those uses allowed in the applicable zoning district.

(C)

Interpretation of Unlisted Uses. The Zoning Administrator shall interpret an unlisted land use as permitted in a particular zoning district only after determining that the nature, function, and duration of the use and the impact of allowing it in the zoning district are so similar to those of a use allowable in the zoning district that the unlisted land use should be deemed allowable in the same manner as the similar use.

(A)

A more descriptive or specific definition of a use shall apply over a more general definition.

(B)

Examples of typical uses, when included in use definitions, are intended to be illustrative, as opposed to exclusive lists.

(C)

The Zoning Administrator has the authority to determine the applicable use definition under this Ordinance for any existing or proposed use or activity.

Household Living

DWELLING, GROUND FLOOR—Dwelling units located on the ground floor of a building with nonresidential uses located on the upper floor(s).

DWELLING, GROUND FLOOR CONVERSION—A dwelling unit located on the ground floor of a building where the previous use on the ground floor was nonresidential.

DWELLING, MULTI-FAMILY—A dwelling or group of dwellings on one lot containing five or more individual dwelling units. Included in the use type are garden apartments, low and high-rise apartments, apartments for elderly housing, and condominiums.

DWELLING, SINGLE-FAMILY DETACHED—A site-built or modular building designed for or used exclusively as one dwelling unit for permanent occupancy, which is surrounded by open space or yards on all sides, is located on its own individual lot, and is not attached to any other dwelling by any means.

DWELLING, THREE- TO FOUR-FAMILY—A building containing three or four individual dwelling units located on one lot.

DWELLING, TOWNHOUSE—A building in which two or more dwelling units are each located on individual lots, but attached by one or more common party walls which are shared by one or more units and arranged side by side.

DWELLING, TWO-FAMILY—The use of an individual lot for two dwelling units which share at least one common wall, each occupied by one family, that separates living space (i.e., living room, kitchen, bedroom, bathroom, etc.). Each dwelling unit may be vertically stacked or side-by-side. The exterior appearance of the whole resembles a single structure. Also referred to as a duplex.

DWELLING, UPPER FLOOR—Dwelling units located on the second floor or higher of a building with nonresidential uses located on the ground or street level.

MANUFACTURED HOME—A structure that complies with Code of Virginia § 8.9A-102(53).

BOARDING HOUSE—Any dwelling or portion thereof for providing lodging, either with meals (boarding house) or without meals (rooming house), to not more than two guests, where rent is paid to the owner or proprietor.

Group Living

EMERGENCY SHELTER—A facility providing temporary protective sanctuary for victims of natural disaster, crime or abuse including emergency housing during crisis intervention for individuals, such as victims of rape, child abuse, or physical or emotional abuse.

FAMILY CARE HOME—A dwelling, for which the Virginia Department of Social Services, Division of Licensing Programs is the licensing authority, in which no more than eight aged, infirm, or disabled persons reside, with support and supervisory personnel that provides room and board, personal care, and habilitation services. Family Care Homes shall be considered as residential occupancy of a single family (Code of Virginia § 15.2-2291). Facilities with more than eight residents shall constitute an assisted living facility.

GROUP HOME—A dwelling, for which the Department of Behavioral Health and Developmental Services is the licensing authority, in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons that provides room and board, personal care, and habilitation services. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Code of Virginia § 54.1-3401. Group Homes shall be considered as residential occupancy of a single family (Code of Virginia § 15.2-2291). Facilities with more than eight residents shall constitute an assisted living facility.

HALFWAY HOUSE—A dwelling providing accommodations, supervision, rehabilitation, counseling, and other guidance services to adult persons re-entering society after being released from a correctional facility or other institution, or to persons directed to such living arrangement by the criminal justice system.

HOMELESS SHELTER—A facility providing temporary housing for one or more individuals who are otherwise temporarily or permanently homeless.

SINGLE ROOM OCCUPANCY—A housing type consisting of one room, often with cooking facilities and with private or shared bathroom facilities.

(Ord. No. 2023-43, § 6, 5-23-2023)

Community Services

COMMUNITY CENTER—A publicly or privately owned structure to be used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages nor meals are normally dispensed or consumed.

SENIOR CENTER—A facility that provides entertainment, recreation, crafts, tutorials, and/or other quality of life enhancements for seniors.

YOUTH CLUB FACILITY—A boys' club, a girls' club, or any other non-profit facility that is not a school but which provides entertainment, recreation, crafts, tutorials, and/or other quality of life enhancements for minors.

Conference and Training

AUDITORIUM—A building or structure designed or intended for use for the gathering of people as an audience to hear music, lectures, plays, and other presentations.

CONVENTION CENTER—A facility designed to accommodate 501 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.

Day Care

ADULT DAY CARE CENTER—Any facility that is either operated for profit or that desires licensure and that provides supplementary care and protection during only a part of the day to four or more aged, infirm or disabled adults who reside elsewhere, except (i) a facility or portion of a facility licensed by the State Board of Health or the Department of Behavioral Health and Developmental Services, and (ii) the home or residence of an individual who cares for only persons related to him by blood or marriage. Included in this definition are any two of two or more places, establishments or institutions owned, operated or controlled by a single entity and providing such supplementary care and protection to a combined total of four or more aged, infirm or disabled adults (Code of Virginia § 63.2-100).

CHILD DAY CENTER—Any facility operated for the purpose of providing care, protection and guidance to (i) two or more children under the age of 13 in a facility that is not the residence of the provider or of any of the children in care or (ii) 13 or more children or adults at any location. This term includes nursery schools, preschools, day care centers, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full 24-hour period. Also excluded are child or adult day care offered as an accessory use to a retail or institutional use for patrons on a short-term basis (a few hours) (Code of Virginia § 63.2-100).

FAMILY DAY HOME—A licensed child day program offered in the residence of the provider or the home of any of the children in care for five through 12 children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. However, no family day home shall care for more than four children under the age of two, including the provider's own children and any children who reside in the home, unless the family day home is licensed or voluntarily registered or all the children in care are related to the provider by blood or marriage. The care of four or fewer individuals in the caregiver's residence for portions of a day shall be considered Child Sitting and treated as a Home Occupation. No restrictions more restrictive than those imposed on residences occupied by persons related by blood, marriage, or adoption shall be imposed on a Family Day Home (Code of Virginia § 22.1-289.02, 15.2-2292).

FAMILY DAY HOME (ADMINISTRATIVELY DENIED)—A family day home that was administratively denied in accordance with Sec. 40.2-217(E)(1)(b).

Educational Facilities

BUSINESS OR TRADE SCHOOL—A public or private school providing education or training in business, commerce, language, vocational or trade instruction or other similar activity or occupational pursuit. Such uses include classrooms, vocational training (including that of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias, and other facilities that further the educational mission of the institution.

EDUCATIONAL FACILITY, COLLEGE/UNIVERSITY—An educational institution authorized by the Commonwealth of Virginia to award associate, baccalaureate or higher degrees, and facilities associated with it. This term includes academic buildings, administrative facilities, dormitories, special housing, parking areas, dining halls and other physical plants associated with the college or university use. Trade or vocational schools are a different use type.

EDUCATIONAL FACILITY, PRIMARY/SECONDARY—A public, private, or parochial school offering instruction at the elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in the schools of the Commonwealth of Virginia.

Government

CULTURAL FACILITY—An establishment for the preservation of art, scientific, cultural, or historic materials, music, or live theatrical or musical productions such as a libraries, museums, zoological garden, conservatory, planetarium, or other similar use of an historic, educational, or cultural interest, which is not operated for profit.

GOVERNMENT FACILITY—A facility of any governmental agency, that provides services to the public.

Health Care Facilities

ASSISTED LIVING FACILITY—A facility in which more than eight frail or elderly persons, or persons requiring regular medical attention or persons with mental illness or intellectual or developmental disabilities, reside that provides rooms, meals, personal care, and supervision of self-administered medication. May also provide services including, but not limited to, recreational facilities, financial services, and transportation. The term assisted living facility does not include a facility providing surgical or emergency medical services or a facility providing care for alcoholism or drug addiction. A facility in which fewer than eight persons as described above reside shall be considered a family care home or group home defined above as a Group Living use.

DRUG AND ALCOHOL TREATMENT FACILITY—An inpatient facility which provides care for persons with drug and/or alcohol dependency problems, and which may include outpatient follow-up care for the facility's patients.

GUIDANCE SERVICES—A use providing counseling, guidance, recuperative, or similar services for persons requiring rehabilitation assistance as a result of mental illness, alcoholism, detention, drug addiction, or similar conditions for only part of a 24-hour day.

HOSPITAL—An institution where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services. This use shall including ancillary facilities for outpatient and emergency treatment diagnostic services, training, research, administration, and services to patients, employees, or visitors. Specifically excluded from this use shall be drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.

MEDICAL OR DENTAL CLINIC/OFFICE—An establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one or more persons practicing any form of the healing arts, whether such persons be medical doctors, dentists, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, or any such profession, the practice of which is regulated by the state. The term "clinic" includes immediate care facilities where emergency treatment is the dominant form of care provided at the facility.

MEDICAL TREATMENT FACILITY—Any other medical facility not otherwise included as a Hospital or Medical or Dental Clinic/Office as defined by this Ordinance, which 1) contains office space for diagnostic or outpatient care along with associated medical facilities such as pharmacy, laboratory, physical therapy facility, or other similar facility, but does not provide inpatient hospitalization, 2) holds a Certificate of Public Need authorization from the Virginia Department of Health, 3) is licensed by or registered with the Virginia Department of Health, 4) is operated for the performance of surgical or other procedures where the patient is not capable of self-preservation during the procedure or recovery, or 5) is held out to the public as providing a level of service beyond that of a physician's or dentist's office. For the purposes of this Ordinance, this use shall include blood and tissue collection facilities.

PSYCHIATRIC TREATMENT FACILITY—An inpatient facility which provides care for persons with psychiatric problems and which may include outpatient follow-up care to the facility's patients.

Institutions

CIVIC, SOCIAL, OR FRATERNAL CLUBS OR LODGES—A structure and related facilities owned and operated by a corporation, association, or group of individuals established for fraternal, social, educational, recreational, or cultural enrichment of its members and primarily not for profit, whose members meet certain prescribed qualifications for membership and pay dues, and which is not a private club.

CORRECTIONAL FACILITY, PUBLIC—Publicly operated facilities housing persons awaiting trial or persons serving a sentence after being found guilty of a criminal offense. Such uses may include mental and medical health services, cafeterias, housing for facility staff, outdoor storage and maintenance areas, recreational areas, agricultural facilities, and facilities for the production of goods or materials produced for sale. Privately operated correctional facilities are prohibited. Halfway houses or the like shall not be considered a public correctional facility.

RELIGIOUS INSTITUTION—A structure or place in which worship, ceremonies, rituals, and education are held, together with its accessory buildings and uses (including buildings used for educational and recreational activities), operated, maintained, and controlled under the direction of a religious group. Religious institutions include churches, mosques, synagogues, and temples. Accessory uses may include school facilities, parking, caretaker's housing, pastor's housing, and group living facilities such as convents.

PRIVATE CLUB—A type of civic, social or fraternal club or lodge which (1) has or intends to obtain a mixed beverage retail license for a "club" as defined in Va. Code § 4.1-100 from the Virginia Alcoholic Beverage Control Authority and (2) regularly charges for alcohol sales to members or guests.

Parks and Open Space

CEMETERY, COLUMBARIUM, MAUSOLEUM—A place where human remains are interred, above or below ground, and where plots are sold for that purpose, and perpetual care of the graves is furnished. This use shall include Mausoleums, columbaria, chapels, administrative offices, maintenance and storage areas, and other improvements customary and incidental to the use. The sprinkling of ashes or their burial in a biodegradable container on the grounds of a religious institution or their placement in a columbarium on religious institution property shall not constitute the creation of a cemetery.

COMMUNITY GARDEN (PRINCIPAL USE)—The use of a private or public property for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person.

PARK, PUBLIC AND PRIVATE—Land used for recreation, exercise, sports, education, rehabilitation, or similar activities, or a land area intended to enhance the enjoyment of natural features or natural beauty.

Transportation

HELICOPTER LANDING FACILITY—An area, either on ground level or elevated on a structure, licensed or approved for the repetitive landing and takeoff of helicopters and which may include auxiliary facilities such as parking, waiting room, fueling, and maintenance equipment.

PASSENGER TERMINAL, SURFACE TRANSPORTATION—A facility that receives and discharges passengers and at which facilities and equipment required for their operation are provided. Examples include terminals for bus, ferry, trolley, taxi, railroad, shuttle van, or other similar vehicular services.

SEAPLANE BASE—-An area of water used or intended to be used for the landing and takeoff of aircraft, together with appurtenant shoreside buildings and facilities.

TAXICAB SERVICE—A business offering transportation in passenger vehicles and vans for compensation in compliance with Title 46.2 Ch. 20 of the Code of Virginia.

Utilities

BROADCASTING OR COMMUNICATION TOWER—Any facility for the transmission and/or reception of radio, television, radar, specialized mobile radio (SMR), and similar services. A broadcasting or communication tower usually consists of an equipment shelter or cabinet, a support tower or other structure used to achieve the necessary elevation, and the transmission or reception devices or antennae. Excluded are amateur radio/television towers, which are described separately. Also excluded are wireless communication antennae or other facilities that fit the definition of utility, minor.

TELECOMMUNICATIONS TOWER, FREESTANDING—A structure designed and constructed to support one or more antennas used by commercial wireless telecommunication facilities and including all appurtenant devices attached to it. City-owned towers and towers used for emergency purposes are exempt from this Ordinance.

UTILITY, MAJOR—Utility services of a regional nature that normally entail the construction of new buildings or structures such as generating plants and sources, electrical switching facilities, and stations or substations, community waste water treatment plants, and similar facilities not otherwise identified separately. Included in this definition are also electric, gas, and other utility transmission lines of a regional nature that are not otherwise reviewed and approved by the state.

UTILITY, MINOR—Services that are necessary to support development within the immediate vicinity and that involve only minor structures. Included in this use type are small facilities such as transformers, relay and booster devices, and well, water, and sewer pump stations. Also included are wireless communication antennas (including 5G) attached to an existing building or structure, including, but not limited to, utility poles, signs, broadcasting or communication facilities, and water towers, and that do not increase the height of such building or structure by more than ten feet.

(Ord. No. 2023-43, § 8, 5-23-2023; Ord. No. 2023-123, § 1(Exh. A), 12-12-2023; Ord. No. 2025-33, § 1(Exh. A), 5-27-2025; Ord. No. 2025-58, § 1(Exh. A), 8-26-2025)

Adult Uses

ADULT ENTERTAINMENT ESTABLISHMENT—Any adult hotel or motel, adult motion picture arcade, adult motion picture theater, cabaret, sexual encounter center, or any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to sexual activities or sexual anatomy, but not including those uses or activities which are illegal or the regulation of which is preempted by state law.

ADULT RETAIL STORE—An establishment in which 25 percent or more of the gross public floor area is devoted to, or 25 percent or more of the stock-in-trade consists of, the following: books, magazines and other periodicals, movies, videotapes, compact discs, DVDs, novelty items, games, greeting cards, and/or other similar materials which are distinguished or characterized by their emphasis on matters depicting, describing, or relating to sexual activities or sexual anatomy.

Animal Care

ANIMAL GROOMING—A facility maintained for the grooming of animals that does not board animals on site.

ANIMAL SHELTER—A facility that is owned, operated, or maintained by a public body, an established humane society, or other similar private organization that is used to house and care for stray, homeless, abandoned, or neglected animals.

DOMESTIC ANIMAL BREEDING—Any kennel lawfully located on a premises where no more than ten dogs over the age of six months registered with a nationally recognized registration organization are owned, kept, or harbored for the purpose of breeding purebred, or pedigreed dogs. This definition does not apply to zoos or to veterinary clinics operated by veterinarians duly licensed under the law.

KENNEL, INDOOR—Any facility where more than five pet animals over the age of six months and owned by individuals not involved in the operation of the facility are temporarily boarded entirely indoors for pay, trade, barter, commission, or remuneration of any sort; provided, however, this definition shall not apply to a veterinary clinic operated by veterinarians duly licensed under the law.

KENNEL, OUTDOOR—A facility where more than five pet animals over the age of six months and owned by individuals not involved in the operation of the facility are temporarily boarded indoors and outdoors for pay, trade, barter, commission, or remuneration of any sort.

VETERINARY CLINIC—A facility for the care and treatment of animals, including household pets and larger domesticated animals. Such facilities shall be entirely indoors unless also authorized and approved as an outdoor kennel.

Eating and Drinking Establishments

BREWERY/DISTILLERY—The use of land, licensed by the Commonwealth of Virginia, where beer or spirts are manufactured for sale. Breweries have a capacity less than 15,000 barrels a year and distilleries have a capacity less than 36,000 gallons a year. Permitted accessory uses include retail sales, tasting rooms for beverages produced on-site, restaurants, reception halls, and live entertainment (Code of Virginia § 15.2-2288.3:1, 3:2).

MICRO-BREWERY/DISTILLERY—An establishment primarily engaged in brewing ale, beer, wine, cider, malt liquors, and nonalcoholic beer, with a capacity of not more than 1,000 barrels per year OR distilling and blending potable liquors, including mixing them with other ingredients, with a capacity of not more than 5,000 gallons of finished product per year. A micro-brewery/distillery may include a restaurant or public tasting room as an accessory use (Code of Virginia § 15.2-2288.3:1, 3:2).

RESTAURANT—An establishment in which food or beverages are dispensed for compensation, including, among other establishments, cafeterias, cafes, tearooms, confectionery shops, refreshment stands, hookah and cigar bars, drive-through facilities, and drive-ins. Solo/duo live entertainment and outdoor dining are permitted by right.

CATERING SERVICE—This use shall include catering where food and/or beverages are prepared on the premises and delivered to another location for consumption. Catering service uses may include a commissary for a food truck.

WINERY/CIDERY—A facility licensed in accordance with Code of Virginia § 4.1-207 and regulations of the Board of Alcoholic Beverage Control to manufacture wine or cider and to sell, and deliver or ship, such wine or cider in closed containers for the purpose of resale outside the state or by persons licensed by the state to sell the wine or cider at wholesale. The use may include the licensed operation of distilling equipment on the premises to manufacture spirits from fruit or fruit juices only, where used solely to fortify wine or cider produced by the winery/cidery.

Offices

OFFICE, GENERAL—A room, or group of rooms used for conducting the affairs of a general business establishment, banks, financial services, sales, data centers, call centers, co-op spaces, or similar services. Examples of office uses include offices for retail and wholesale establishments where most of the merchandise is transferred to the customer off-site.

OFFICE, PROFESSIONAL SERVICES—A room or group of rooms used for conducting the affairs of a business, profession, or service industry. Examples of professional services offices include offices for lawyers, accountants, engineers, architects, doctors, dentists, real estate brokers and agents, and similar professions.

Parking

PARK AND RIDE FACILITY—A short-term parking facility.

PARKING FACILITY—A site for surface parking or a parking structure that provides parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features. This use type shall not include parking facilities accessory to permitted principal uses. The term parking facility does not include City-owned parking lots and garages, which are considered government facilities under this Ordinance.

Recreation/Entertainment, Indoor

CASINO GAMING ESTABLISHMENT—The premises upon which lawful casino gaming is authorized and licensed as provided in Ch. 41 of the Code of Virginia (§ 58.1-4100 et seq.). Casino gaming establishment does not include a riverboat or similar vessel.

COMMERCIAL INDOOR AMUSEMENT—An establishment that provides multiple coin operated amusement or entertainment devices or machines as other than an incidental use of the premises. Such devices would include pinball machines, video games, and other games of skill or scoring, and would include pool and/or billiard tables, whether or not they are coin operated. Typical uses include game rooms, billiard and pool halls, and video arcades.

COMMERCIAL INDOOR SPORTS, RECREATION, AND ENTERTAINMENT—An establishment with participant or spectator entertainment uses conducted within an enclosed building. Typical uses include motion picture theatres, bowling alleys, ice and roller-skating rinks, indoor racquetball, swimming, and/or tennis facilities.

ENTERTAINMENT ESTABLISHMENT—A use that offers some form of entertainment such as dancing, comedy performances, or presenting music that involves human interaction (to include music presented by a disc jockey, karaoke, and live music) for patrons and which possess or apply for an ABC license to serve alcohol. This use excludes adult entertainment establishments. Also excluded are locations with single event ABC licenses. An entertainment establishment can be indoor or outdoor.

EVENT SPACE/BANQUET HALL—An establishment that is rented by individuals or groups to accommodate private functions. Such a use may include kitchen facilities for the preparation or catering of food; the sale or service of alcoholic beverages for on-premises consumption; and outdoor gardens or reception facilities.

SHOOTING RANGE, INDOOR—The use of a building for archery and/or the discharging of firearms for the purposes of target practice or temporary competitions.

RECREATION FACILITY, PRIVATE—A recreational facility for use solely by the residents and guests of a particular residential development, planned unit development, or residential neighborhood, including indoor and outdoor facilities. These facilities are usually proposed or planned in association with development and are usually located within or adjacent to such development.

Recreation/Entertainment, Outdoor

COMMERCIAL OUTDOOR SPORTS, RECREATION, AND ENTERTAINMENT—An establishment with participant or spectator uses conducted in open or partially enclosed or screened facilities. Typical uses include, but are not limited to, sports arenas, outdoor amusement parks, motor vehicle and animal racing facilities, driving ranges, miniature golf, swimming pools, tennis courts, outdoor racquetball courts, motorized cart and motorcycle tracks, paintball facilities, and motorized model-airplane flying facilities.

GOLF COURSE—A tract of land for playing the game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse (with or without eating facilities), shelters, a driving range, putting green, maintenance facilities, an irrigation system, and outdoor storage of materials and equipment.

SWIMMING POOL (PRINCIPAL USE)—A man-made structure, whether above or below grade level, designed or used to hold water more than two feet deep to be used for recreational purposes.

Retail Sales and Services

BUSINESS SUPPORT SERVICE—An establishment or place of business primarily engaged in the sale, rental or repair of office equipment, supplies and materials, or the provision of services used by office, professional and service establishments. Typical uses include office equipment and supply firms, small machine repair shops, convenience printing, and copying establishments, as well as temporary labor services.

CONSTRUCTION MATERIALS SALES—An establishment or place of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding vehicle or equipment supplies otherwise classified herein. Typical uses include building material stores, lumberyards, and home supply establishments.

CONSUMER REPAIR SERVICE—An establishment or place of business primarily engaged in the provision of repair services to individuals and households, rather than businesses, but excluding vehicle and equipment repair uses otherwise classified herein. Typical uses include appliance repair shops, shoe repair, watch or jewelry repair shops, or repair of musical instruments.

CONVENIENCE STORE WITH GASOLINE SALES—A retail establishment that offers for sale a limited variety of groceries, household goods, and personal care items, and may offer for sale a limited variety of prepared "fast food," and that has fuel pumps and underground storage tanks and provides fuels and oil for motor vehicles.

CREMATORY—A facility containing furnaces for the reduction of dead bodies to ashes by fire.

EQUIPMENT SALES AND RENTAL—Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial equipment, and/or the rental of mobile homes. Included in this use is the incidental storage, maintenance, and servicing of such equipment.

FLEA MARKET—A market held in an open area or structure where individual sellers offer goods for sale to the public. Such sellers may set up temporary stalls or tables for the sale of their products. Such sales may involve new and/or used items and may include the sale of fruits, vegetables, and other edible items. A farmer's market, where food items predominate, is different from a flea market. This also differs from a garage sale or yard sale that is conducted on a residentially developed lot by members of a household, or civic groups selling primarily donated items.

FUNERAL HOME—An establishment engaged in undertaking services such as preparing the dead for burial, arranging and managing funerals, and cremation services. Typical uses include funeral homes or mortuaries.

GARDEN CENTER—An establishment or place of business primarily engaged in retail sales from the premises including trees, shrubs, seeds, fertilizers, pesticides, plants and plant materials primarily for agricultural, residential and commercial consumers. Such establishments typically sell products purchased from others but may sell material which they grow themselves.

GASOLINE SALES—Any place of business with fuel pumps and underground storage tanks that provides fuels and oil for motor vehicles. A small store associated with vehicle fuel sales where the sale of goods in the store is clearly subordinate to the sale of fuel shall be considered a gasoline sales use.

GREENHOUSE (PRINCIPAL USE)—A structure with transparent walls and roof; for the cultivation and exhibition of plants under controlled conditions.

LABORATORY—A facility for scientific laboratory analysis of natural resources, medical resources, and manufactured materials. The scientific analysis is generally performed for an outside customer, to support the work of that customer. This category includes environmental laboratories for the analysis of air, water, and soil; medical or veterinary laboratories for the analysis of blood, tissue, or other human medical or animal products. Forensic laboratories for analysis of evidence in support of law enforcement agencies would also be included in this category.

LAUNDRY, SELF-SERVICE—A facility where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patron.

MARINA, COMMERCIAL—A facility for the docking, mooring, berthing, or storage of watercraft. Such uses may include accessory uses such as boat sales, boat fuel sales, sales of boating supplies and equipment, boating-related services, laundries, boat repair and rental, and dry storage of boats.

MARINA, PRIVATE (PRINCIPAL USE)—A facility for the docking, mooring, berthing, or storage of watercraft, which does not include services such as boat sales, boat fuel sales, sales of boating supplies and equipment, boating-related services, laundries, boat repair and rental, and dry storage of boats.

PERSONAL SERVICES—Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty shops, barbershops, tailors, shoe repairs, tattoo parlors, body piercing establishments, massage therapy, and florists.

PERSONAL IMPROVEMENT SERVICES—Establishments primarily engaged in the provision of informational, instructional, personal improvements and similar services. Typical uses include driving schools, health or physical fitness studios, dance studios, and handicraft or hobby instruction establishments.

RETAIL SALES—The selling of goods, wares, or merchandise directly to the ultimate consumer or persons without a resale license. Typical uses include department stores, convenience stores without gasoline sales, grocery stores, hardware store, parcel service facilities, thrift and discount stores, drug stores, pharmacies, and similar establishments.

RETAIL SALES, LARGE—A single business establishment engaged in retail sales and located in a stand-alone single tenant building of 60,000 square feet in size or larger.

STUDIO, FINE ARTS—A building, or portion thereof, used as a place of work by a sculptor, artist, or photographer; or used as a place to exhibit and offer for sale works of the visual arts that does not include commercial movie theaters.

VENDING USES—A building, structure or machine that is typically under 1,000 square feet that is located in a parking lot that provides a product or service to the public and is not accessory to any other business on the property. Such uses would include, but are not limited to, freestanding Automatic Teller Machines (ATM's), Ice Dispensers, coffee kiosks, and similar uses. Specifically excluded are drink and snack vending machines located outside a business, newspaper boxes, and collection boxes for recycling or surplus sales establishments.

Vehicle Sales and Service, Light

VEHICLE SALES—Premises on which new or used passenger vehicles, trailers, or light trucks in operating condition are displayed for sale, lease, or rental.

CAR WASH OR AUTO DETAILING—A use that involves the washing and cleaning of vehicles. Typical uses include automatic conveyor machines, self-service car washes, and hand washing of vehicles.

VEHICLE PARTS/SUPPLY, RETAIL—Retail sales of vehicle parts and accessories. Typical uses include vehicle parts and supply stores that offer new and factory rebuilt parts and accessories and establishments that offer minor vehicle repair services as an accessory use.

VEHICLE REPAIR AND SERVICING, MINOR—Repair of vehicles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including the sale, installation, and servicing of equipment and parts. Typical uses include tire sales and installation, wheel and brake shops, oil and lubrication services, and similar repair and service activities where minor repairs and routine maintenance are conducted. Minor vehicle repair and servicing does not include painting or bodywork. Painting and bodywork are classified as major vehicle repair and servicing.

VEHICLE REPAIR AND SERVICING, MAJOR—Major repair of vehicles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats. Typical uses include engine and transmission repairs, body shops, vehicle-painting shops, and similar repair and service activities.

VEHICLE WRECKER SERVICE—An establishment operated for the purpose of temporary storage on-site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days. If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for more than 90 days, stacks vehicles, or portions of the vehicles are dismantled or removed for sale, it shall be considered a salvage center or junkyard. This does not include City-owned impounds.

Vehicle Sales and Service, Heavy

BOAT AND MARINE RENTAL AND SALES—Premises on which new or used boats and other marine vessels are displayed for sale, lease, servicing or rental.

RECREATIONAL VEHICLE SALES AND SERVICE—Premises on which new or used recreational vehicles in operating condition are displayed for sale, lease, servicing, or rental.

HEAVY EQUIPMENT SALES AND SERVICE—An establishment engaged in the display, sale, lease, servicing, or rental of heavy equipment of 12,000 or more pounds gross vehicular weight (GVW).

Visitor Accommodations

BED AND BREAKFAST INN—A private single-family dwelling, engaged in renting one or more bedrooms on a daily basis to tourists, vacationers, and business people, where provision of meals is limited to guests only.

HOTEL OR MOTEL—A building or group of attached or detached buildings containing lodging units intended primarily for rental or lease to transients by the day or week. Such uses may provide additional services such as daily room service and recreation facilities.

HOTEL OR MOTEL, FULL SERVICE—A hotel or motel that includes four or more of the following: room service, complimentary breakfast, pool(s), fitness room(s) with multiple machines for cardio and strength training, eating establishment(s), meeting or banquet room(s), and/or personal services including, but not limited to, barber/beauty shops, shoe shine, dry cleaning pick-up and delivery, and concierge services.

HOTEL OR MOTEL, EXTENDED STAY—A hotel containing six or more guest rooms intended and designed primarily for guest stays a week or longer.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021)

Industrial Services

CONSTRUCTION YARD—Establishment or place of business primarily engaged in construction activities, including outside storage of materials and equipment. Typical uses are building contractor's yards, including building, heating, plumbing or electrical contractors.

EXTRACTIVE INDUSTRY, ALL USES—A use involving on-site extraction of surface or subsurface mineral products or natural resources. Typical uses are quarries, borrow pits, sand and gravel operations, mining, and soil mining. Specifically excluded from this use is grading and removal of dirt associated with an approved Site Plan or subdivision.

GENERAL INDUSTRIAL SERVICE—An establishment engaged in the repair or servicing of agriculture, industrial, business, or consumer machinery, equipment, products, or by-products. Accessory activities may include retail sales, offices, parking, and storage.

LAUNDRY, DRY CLEANING, AND CARPET CLEANING FACILITY—A facility used for cleaning fabrics, textiles, wearing apparel, or articles of any sort by immersion and agitation, or by immersions only, in water or volatile solvents.

SELF-SERVICE STORAGE FACILITY—A building or group of buildings within a controlled access or fenced environment divided into separate compartments used to meet the temporary storage needs of small businesses, apartment dwellers, and other residential uses. Also referred to as "mini-warehouse" or "mini-storage" facility.

OUTDOOR STORAGE (PRINCIPAL USE)—The keeping, in an unroofed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for sale in a new or used car sales lot (see vehicle sales).

BULK FUEL/FUEL OIL STORAGE AND SALES—A facility used for bulk storage and retail of gasoline, fuel oil, diesel fuel, and similar liquid.

RADIO AND TELEVISION BROADCASTING STUDIO—A facility for the staging and recording of audio or television productions.

RESEARCH AND DEVELOPMENT—An establishment that engages in research, or research and development, of innovative ideas in technology-intensive fields. Examples include research and development of computer software, information systems, communication systems, transportation, geographic information systems (GIS), multi-media and video technology. Development and construction of prototypes may be associated with this use.

TRUCK STOP—A facility providing services to the trucking industry, including, but not limited to, the dispensing of fuel, repair shops, automated washes, restaurants, restrooms, scales, and overnight parking facilities.

Manufacturing and Production

MANUFACTURING, LIGHT—An establishment that assembles, processes, improves, treats, compounds, or packages goods or materials intended for use or consumption by the general public conducted wholly within an enclosed building and does not create a noticeable amount of noise, dust, odor, smoke, glare or vibration outside of the building in which the activity takes place. Finished or semi-finished products may be temporarily stored outdoors in an enclosed storage yard pending shipment. Examples of uses include a cabinet and woodworking shop; assembly of pre-fabricated parts, food, or beverages; manufacture and assembly of medical equipment; metalworking shop; sculptor studios; and similar uses in accordance with the standards in Sec. 40.2-217(H).

MANUFACTURING, HEAVY—An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its lot line. This term includes but is not limited to: (a) processing and packaging of food or beverages; (b) chemical, agricultural, and pharmaceutical manufacturing and processing; (c) stonework or concrete product manufacturing; (d) fabrication of metal products; (e) manufacturing of agricultural, construction, or mining machinery; (f) motor vehicle manufacturing; (g) lumber milling; (h) ship or ship component repair and construction; (i) permanent concrete/batch plant; and (j) energy generation equipment.

INDUSTRIAL, HAZARDOUS—An establishment whose principal activity is the manufacture, use, storage, shipping, or disposal of chemicals or substances that are physical or health hazards. Hazardous materials categories include explosives and blasting agents, compressed gases, flammable and combustible liquids, flammable solids, organic peroxides, oxidizers, pyrophoric materials, unstable (reactive) materials, water-reactive solids and liquids, cryogenic fluids, highly toxic and toxic materials, radioactive materials, corrosives, carcinogens, irritants, sensitizers, and other health hazards. Each category is defined separately in the Code of Federal Regulations Title 29 (OSHA) and other nationally recognized standards.

URBAN AGRICULTURE (PRINCIPAL USE)—The process of cultivating, processing, production (beyond that which is strictly for home consumption or educational purposes), distribution, and marketing of food and other products. This use shall not include livestock or other animals with the exception of backyard chickens and bees. Examples include urban market gardens, innovative food-production methods that maximize production in a small area, community supported agriculture based in urban areas, and family farms.

Warehouse and Freight Movement

PORT FACILITY—Any wharf, dock, pier, or facility consisting of activities required for, supportive of, or commonly associated with the construction, repair, operation, storage, loading, and unloading of ships, the primary purpose of which is to receive, store, forward or otherwise dispose of cargo, and to facilitate maritime trade. This definition does not apply to property owned by the Virginia Port Authority.

WAREHOUSE—A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are hazardous materials (see hazardous industrial).

SHIPPING CONTAINER/CHASSIS STORAGE YARD—An operation for storage of freight shipping containers and/or chassis conducted as the principal use of the property.

Waste and Energy Services

CONSTRUCTION/DEMOLITION/DEBRIS (CDD) LANDFILL—A land burial facility engineered, constructed and operated to contain and isolate construction waste, demolition waste, debris waste, yard waste, split tires, and white goods or combinations of the above solid wastes. Construction waste means solid waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings, and other structures. Construction wastes include, but are not limited to lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, paving materials, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes.

ENERGY RECOVERY PLANT—Any public or private recovering facility for electricity, natural gas, petroleum, coal, or other source of energy.

WASTE COMPOSTING—Uses where solid wastes are composted using composting technology. Accessory uses may include offices and repackaging and transshipment of byproducts.

INCINERATOR—A facility that burns refuse at high temperatures to reduce the volume of waste.

RECYCLING CENTER—A small collection facility where recyclable materials are purchased or accepted from the public. Typical uses include neighborhood-recycling stations.

SALVAGE CENTER—A facility engaged solely in the storage, processing, resale, or reuse of salvageable and recovered materials.

JUNKYARD—An establishment where junk, waste, discarded, salvaged, or similar materials are brought, sold, or otherwise handled. This definition shall not include vehicle wrecker services and establishments for the sale, purchase, or storage of second-hand items.

SOLAR ENERGY SYSTEM—A system of components that produces heat or electricity, or both, from sunlight (Code of Virginia § 56-576). For purposes of Sec. 40.2-216 Use Table, this definition encompasses a large-scale system, not smaller solar energy projects or rooftop solar installations that are accessory to other principal uses on a property.

TRANSFER STATION—Any solid waste storage or collection facility at which solid waste is transferred from collection vehicles to haulage vehicles for transportation to a central solid waste management facility for disposal, incineration, or resource recovery.

WIND ENERGY SYSTEM—A system of components that produces heat or electricity, or both, from wind. For purposes of Sec. 40.2-216 Use Table, this definition encompasses a large-scale system and does not include smaller micro wind turbines that are accessory to other principal uses on a property.

ACCESSORY BUILDING OR STRUCTURE—A structure that is detached from, and subordinate to, the principal structure in use and square footage and located on the same lot such as a shed, garage, carport, etc. No such accessory structure or building shall be used as a dwelling unit unless expressly permitted.

ACCESSORY DWELLING UNIT (ADU)—A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit whether part of the same structure as the principal dwelling unit or as a detached structure on the same lot.

AMATEUR RADIO TOWER—A structure on which an antenna is installed for the purpose of transmitting and receiving amateur radio signals erected and operated by an amateur radio operator licensed by the FCC.

APICULTURE (BEEKEEPING)—A practice of managing honey producing bee colonies.

CANOPY—A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity, or decoration. A canopy is permitted to be structurally independent or supported by attachment to a building on one or more sides.

CANOPY, GASOLINE SALES—A roofed structure that is not enclosed by walls but is attached to and supported by columns extending from the ground or by a combination of a building and columns extending from the ground.

CHICKENS, BACKYARD—A practice of rearing chickens in small numbers in the rear of a single-family dwelling.

CHILD SITTING (BABY SITTING)—A service in which no more than four children under the age of 13, are received in a home for care, protection and guidance during only part of a 24-hour day. Individuals related by blood, legal adoption or marriage to the person who maintains the home shall not be counted towards this total. The care of four or fewer individuals for portions of a day shall be considered as a Home Occupation (see Home Occupation).

COMMUNITY GARDEN (ACCESSORY USE)—The accessory use of a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person.

DRIVE-THROUGH—The use of a facility designed to enable a person to acquire products or services while remaining in a motor vehicle.

FAMILY HEALTH CARE STRUCTURE, TEMPORARY—Pursuant to all conditions set forth in the Code of Virginia §15.2-2292.1, a transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person, or in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person and the other requires assistance with one or more activities of daily living as defined in §63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (§36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation is not permitted.

GREENHOUSE (ACCESSORY USE)

An accessory use with transparent walls and roof for the cultivation and exhibition of plants under controlled conditions.

HOME OCCUPATION

A business, profession, occupation, or trade which is conducted within a dwelling unit for the economic gain or support of a resident of the dwelling unit, and is incidental and secondary to the residential use of the lot and which does not adversely and/or perceptively affect the character of the lot or surrounding area. Such occupations may permit the use in accessory structures. Home occupation includes but is not limited to: offices; electronic and offsite retail; personal services such as physical therapy by licensed individuals, beauty parlors, pet grooming, art studios, and the like. Home occupation does not include such businesses as: vehicle repair and the like; dentists or physicians' offices and the like; any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, and the like); restaurants, bars, social clubs and the like; animal kennels or hospitals and the like; or any other business which is inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties.

LIMITED FUEL/OIL/BOTTLED GAS DISTRIBUTER—An accessory use that distributes fuel oil or bottled gases such as propane or liquid petroleum for compensation.

MARINA, PRIVATE (ACCESSORY USE)—An accessory use facility for the docking, mooring, berthing, or storage of watercraft, which does not include services such as boat sales, boat fuel sales, sales of boating supplies and equipment, boating-related services, laundries, boat repair and rental, and dry storage of boats.

OUTDOOR DISPLAY AND SALES—The placement of products or materials for sale outside the structure of a retail or wholesale sales establishment as an accessory use.

OUTDOOR STORAGE (ACCESSORY USE)—The keeping, in an unroofed area, of any goods, material, merchandise, gasoline, fuel, oil, or vehicles in the same place for more than 24 hours as an accessory use.

PET CREMATORY—An accessory use facility that contains furnaces for the reduction of pets to ashes by fire.

PRODUCE STAND—An accessory structure for the seasonal sale of agricultural products grown on the premises.

RECYCLING DROP-OFF STATION—An accessory structure for the drop-off and temporary holding of recyclable materials.

SOLAR ENERGY PROJECT—An accessory device or combination of devices, structure, or part of a device or structure and associated mechanical equipment that transforms direct solar energy into thermal, chemical, or electrical energy.

STORAGE OR PARKING OF HEAVY TRUCKS, CONSTRUCTION EQUIPMENT, MAJOR RECREATIONAL EQUIPMENT OR MOBILE HOME—The storage or parking of trucks, construction equipment, travel trailer, pickup campers or coaches, motorized dwellings, tent trailers, boat and boat trailers, and similar major recreational equipment as an accessory use.

WIND TURBINE, MICRO—A single wind turbine designed to supplement other electricity sources as an accessory use to existing building(s) or facilities, wherein the electric power generated is used primarily for on-site consumption. A micro wind turbine consists of a single turbine and associated control and/or conversion electronics, and may be building-mounted (such as on a rooftop) or mounted on a tower.

SWIMMING POOL (ACCESSORY USE)—An accessory structure, whether above or below grade level, designed to hold water more than 30 inches deep to be used for recreational purposes.

URBAN AGRICULTURE (ACCESSORY USE)—The process of cultivating, processing, production (beyond that which is strictly for home consumption or educational purposes), distribution, and marketing of food and other products as an accessory use. This use shall not include livestock or other animals with the exception of backyard chickens and bees.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021)

Table 40.2-216 Use Table, sets out the allowable uses per zoning district established by this Ordinance.

Table 40.2-216: USE TABLE

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, §§ 7, 9, 38, 5-23-2023; Ord. No. 2023-123, § 1(Exh. A), 12-12-2023; Ord. No. 2025-33, § 2(Exh. A), 5-27-2025; Ord. No. 2025-58, § 2(Exh. A), 8-26-2025)

(A)

Purpose and Intent.

(1)

Use-specific standards are the requirements applied to individual use categories, types, or uses regardless of the zoning district in which they are located or the review procedure by which they are approved.

(2)

This section is intended to identify the use-specific standards for all principal uses identified in Table 40.2-216, Use Table, as subject to "Additional Requirements."

(3)

These standards may be modified by other applicable requirements in this Ordinance.

(4)

Uses shall also comply with the applicable use definition in Sec. 40.2-209.

(B)

Review for Compliance. Review for compliance with the standards of this section of this section shall occur during review of a Site Plan (Sec. 40.2-540), Preliminary Subdivision Plat (Ch. 33.1 of the City Code), or Zoning Permit (Sec. 40.2-530), as appropriate.

(C)

Plan for Development Required. Development subject to the standards of this section shall provide a Site Plan, master plan, or other plan for development illustrating how the proposed development complies with these standards.

(D)

Residential Uses.

(1)

Household Living.

(a)

Dwelling, Single-Family Detached. In addition to general requirements, single-family detached dwellings shall comply with the following standards:

(i)

Only one single-family detached dwelling shall be permitted on a single zone lot.

(ii)

The principal entrance shall face the street from which the dwelling derives its street address.

(iii)

Except for circular driveways, no single-family detached dwelling lot shall be served by more than one driveway on the same block face.

(b)

Dwelling, Two-Family. In addition to general requirements, two-family dwellings shall comply with the following standards:

(i)

The principal entrance of at least one unit shall face the street from which the dwelling derives its street address.

(ii)

A two-family dwelling shall be served by no more than two (2) driveways on the same block face, which may be less than 75 feet apart.

(iii)

Ground-based, roof-based, and wall-mounted electrical equipment, HVAC equipment and other utility connection devices shall be ganged and shall be screened or located outside the view from any adjacent public right-of-way.

(iv)

All building façades shall maintain at least ten (10) percent of the façade area as windows and/or doors.

(c)

Dwelling, Three- to Four-Family. In addition to general requirements, three- to four-family dwellings shall comply with the following standards:

(i)

The principal entrance(s) shall face the street from which the building derives its street address.

(ii)

Except for circular driveways, no three- to four-family dwelling lot shall be served by more than one driveway on the same block face.

(iii)

Ground based, roof-based, and wall-mounted electrical equipment, HVAC equipment and other utility connection devices shall be ganged and shall be screened or located outside the view from any adjacent public street.

(iv)

Three- to four-family dwellings shall comply with Sec. 40.2-217(D)(1)(d) Dwellings, Multi-Family.

(d)

Dwelling, Townhouse. In addition to general requirements, townhouse dwellings shall comply with the following standards:

(i)

Except for circular driveways, no townhouse dwelling shall be served by more than one driveway on the same block face.

(ii)

Ground-based, roof-based, and wall-mounted electrical equipment, HVAC equipment, and other utility connection devices shall be ganged and shall be screened or located outside the view from any adjacent public street.

(iii)

Townhouse dwellings shall comply with Sec. 40.2-217(D)(1)(e) Dwellings, Multi-Family.

(e)

Dwelling, Multi-Family. In addition to general requirements, multi-family dwellings shall comply with the following standards:

(i)

Applicability.

a.

New multi-family, three- to four-family, and townhouse developments shall comply with the standards in this section.

b.

Redevelopment of an existing multi-family, three- to four-family, and townhouse development that exceeds 33 percent of the building's reproducible value (exclusive of foundations) shall require the newly redeveloped portions to comply with the standards of this section.

(ii)

Access and Circulation.

a.

Pedestrian Circulation.

1.

The owner or owners association shall maintain pedestrian walkways outside of public right-of-way.

2.

Pedestrian walkways shall be connected within parks, open spaces, or common areas internal or external to the site.

3.

Both vehicular and pedestrian access must be visible from the street or alley serving the development.

4.

Pedestrian entrances to the site shall be accentuated through the use of landscaping, special paving, gateways, or smaller features.

b.

Parking Area Design and Location.

1.

Vehicular access to the development shall be provided from a secondary street or an alley, when present.

2.

Site design, including entrances and parking lots, shall be coordinated with the location of existing and planned transit facilities.

3.

Street-facing garages on interior lots shall be located at least two feet behind the front façade plane of the structure served.

(iii)

Service Area Placement and Screening.

a.

Outdoor storage and trash collection areas shall be integrated with overall design of the building and be screened and located in accordance with the standards in Sec. 40.2-304 Landscaping and Screening.

b.

Trash receptacles shall be located in an enclosed area.

c.

The location and configuration of screening of large waste receptacles and refuse collection areas shall be depicted on development plans.

d.

Large waste receptacles and refuse collection areas and the fences or walls screening them shall maintain setbacks applicable for accessory buildings in the district where located.

e.

Large waste receptacles and refuse collection areas shall not be located within front or corner side yards.

f.

Areas intended for large waste receptacles and refuse collection shall be surfaced with concrete or comparable material that meets or exceeds minimum City standards.

(iv)

Building Design.

a.

All buildings with shared building entrances shall be oriented so that principal entrance(s) faces the street. In the case of corner lots, the principal entrance(s) shall face the street from which the building derives its street address.

b.

Buildings that do not have a direct and visible pedestrian entrance from a public street shall at a minimum have windows or patios facing the street.

c.

Common open spaces and children's play areas shall be clearly visible from the dwelling units on the site.

d.

The maximum length of any townhouse, three- to four-family, or multi-family structure shall be 200 linear feet, measured at the building foundation, regardless of number of units. In no instance shall provision of a firewall between differing building sections constitute two separate structures.

e.

Developments abutting public street corners shall provide one or more of the following elements:

1.

Plaza;

2.

Placement of principal pedestrian entry;

3.

Distinctive roof form; or

4.

Other architectural features (e.g. porches, canopies).

f.

Building details, including roof forms, siding materials, windows, doors, and trim shall reflect a similar level of quality and architectural detailing on all sides facing:

1.

A street;

2.

Abutting existing single-family development; and

3.

Vacant land designated as single-family on the Future Land Use Map of the comprehensive plan.

g.

Facade Articulation:

1.

Street-facing building façades shall be articulated with wall offsets at least two feet deep for every 30 feet of façade frontage.

2.

In addition to wall offsets, front façades facing streets shall provide a minimum of three of the following articulation elements:

i.

A covered porch;

ii.

One or more dormer windows or cupolas;

iii.

Pillars, posts or pilasters;

iv.

One or more bay windows with a minimum twelve-inch projection from the façade plane;

v.

Multiple windows with a minimum of four-inch-wide trim;

vi.

Raised corniced parapets over the door;

vii.

Eves with a minimum of four-inch-wide trim; or

viii.

Integral planters that incorporate landscaped areas and/or places for sitting.

3.

Side façades shall maintain at least ten percent of the façade area as windows.

(v)

Accessory Structures for Multi-family Dwellings.

1.

Access to accessory structures (such as garages, carports, storages, mailboxes, trash receptacles) shall be provided from alleys or secondary streets to the maximum extent practicable.

2.

Accessory buildings shall be designed to be consistent with the principal structure through the use of materials, massing and color.

3.

Accessory structures shall not physically obstruct pedestrian entrances.

4.

Fencing of multi-family development recreational amenities such as tennis courts, swimming pool must provide visibility and safety.

(vi)

Security Cameras for Multi-Family Dwellings. Prior to initially operating a multi-family dwelling or a conversion to a multi-family dwelling and for so long as the use continues, digital video equipment shall be installed and maintained with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, sides, and rear exteriors of the development for twenty-four (24) hours a day, seven (7) days a week. Recorded data must be maintained in a condition permitting review of the information for a period of no less than thirty (30) days.

(f)

Boarding House. In addition to general requirements, a boarding house shall comply with the following standards:

(i)

No more than two rooms shall be rented at any one time;

(ii)

No more than two boarders at any one time;

(iii)

The owner shall maintain the house as a principal residence;

(iv)

Sleeping rooms in a boarding house shall:

a.

Not include individual kitchen facilities; and

b.

Be accessed by a common room or hallway, and shall not have individual access to the outside (except for emergency exits).

(2)

Group Living.

(a)

Halfway House.

(i)

In addition to general requirements, halfway houses shall comply with the standards set forth by the Director of the Department of Corrections and the State Board of Corrections.

(b)

Single Room Occupancy (SRO) Facility.

(i)

Applications for a Use Permit for a new SRO or modifications to an existing SRO shall include a description of the proposed operating procedures and services to be provided by the SRO.

(ii)

In addition to general requirements, single room occupancy facilities shall comply with the following standards:

a.

Include at least 6,000 square feet of lot area for the first unit and 1,400 square feet of lot area for each additional unit;

b.

Front a public street of at least 50 feet in width;

(E)

Public and Institutional Uses.

(1)

Day Care.

(a)

Child Day Center. In addition to general requirements, child day centers, including pre-schools, shall comply with the following standards:

(i)

Child day centers shall be licensed as a child day center by the state and comply with all state regulations;

(ii)

If not located in a stand-alone building, a child day center shall be located on the first floor of a principal structure, and be segregated (including the restrooms) from the remaining portion of the building in which it is located.

(iii)

Outdoor play areas shall be provided, and shall:

a.

Be completely enclosed by a fence that is at least three and one-half feet in height;

b.

Be safely segregated from parking, loading, or service areas; and

c.

Not be operated for outdoor play activities after 6:00 p.m.

(iv)

The parking areas and vehicular circulation for the child day center shall be designed to:

a.

Provide a designated pickup and delivery area that includes at least one parking/stacking space per ten children configured so that children do not have to cross vehicular travel ways to enter or exit the center.

(v)

If allowed as an accessory use to a Retail Sales and Service or Office use type, the gross floor area of a child day center shall not exceed 20 percent of the gross floor area of the principal use.

(b)

Family Day Home. In addition to general requirements, family day homes shall comply with the following requirements:

(i)

Family day homes shall be licensed and comply with all state regulations for family day homes.

(ii)

Once the request has been determined to comply with the requirements of this Ordinance, the Zoning Administrator shall notify the adjoining property owners of the site by registered or certified letter sent to their last known address of a request for a family day home in accordance with Code of Virginia § 15.2-2292.

a.

If the Zoning Administrator receives no written objection from a person so notified within thirty (30) days of the date of sending the letter, the Zoning Administrator may issue the Zoning Permit sought.

b.

Where written objection is received from a person so notified within the thirty (30) day time period, the Zoning Permit shall be denied.

c.

If denied, the applicant may submit a Use Permit application in accordance with Sec. 40.2-533.

(2)

Institutions.

(a)

Private clubs.

(i)

A private club shall not operate in the same physical space as an eating and drinking establishment, entertainment establishment, or event space/banquet hall.

(ii)

A private club shall impose a seven-day waiting period on membership approval.

(iii)

A private club shall ensure that the total number of guests present at any time shall not exceed the lesser of:

a.

The total number of members present; or

b.

The total number of guests who may be present pursuant to the rules and regulations of the Alcoholic Beverage Control Authority.

(iv)

The requirements for entertainment establishments set forth in subsection 40-2-217(G)(5) shall also apply to private clubs.

(3)

Parks and Open Space.

(a)

Cemetery, Columbarium, and Mausoleum. In addition to general requirements, cemetery, columbarium, and mausoleum uses shall comply with the following requirement:

(i)

Cemeteries, columbaria, and mausoleums shall be in compliance with Code of Virginia § 15.2-2288.5.

(b)

Community Garden. In addition to general requirements, a community garden shall be permitted as a principal use provided that the following standards are met:

(i)

Community gardens may be developed without complying with the minimum lot size standard of the zoning district.

(ii)

Signage is limited to a single, non-illuminated, flat sign of nine square feet.

(iii)

Retail sales shall not be permitted, except as an approved temporary use, as specified in Sec. 40.2-217(J) Temporary Use-Standards.

(iv)

Plantings in community gardens shall not obstruct roadway visibility or impede the flow of traffic.

(v)

Perimeter fencing, including trellises, are allowed in community gardens and are subject to the standards governing fence location, maintenance, and height and design within each respective zoning district.

(4)

Utilities.

(a)

Broadcasting or Communication Tower. In addition to general requirements, all new and replacement towers shall comply with the following standards:

(i)

No zoning permit for any radio, television, or microwave towers shall be issued until the applicant provides evidence that the Federal Aviation Administration (FAA) has granted a permit for said tower or that no permit is required.

(b)

Telecommunication Tower, Freestanding. In addition to general requirements, all new and replacement towers shall comply with the following standards:

(i)

No zoning permit for any radio, television, or microwave towers shall be issued until the applicant provides evidence that the Federal Aviation Administration (FAA) has granted a permit for said tower or that no permit is required.

(ii)

The applicant shall provide a copy of the Federal Aviation Administration (FAA) report and documentation that the application presents no hazard to any airport, or documentation that FAA review is not required.

(iii)

Space shall be provided for at least three cellular or similar providers, unless expressly approved for less as a condition of the Use Permit.

(iv)

The applicant shall provide a listing of all structures within one-half a mile that are of a similar elevation along with an explanation of why a colocation on another tower is not possible, to the extent permitted by law.

(c)

Utility, Minor.

(i)

Telecommunication antennas and co-locations of telecommunications equipment shall be considered minor utilities.

(ii)

In addition to general requirements, a telecommunications antenna that is co-located on an existing tower or placed on an existing building shall comply with the following standards:

a.

Telecommunication antennas shall comply with the regulations within the Code of Virginia § 15.2-2316.4:1.

b.

Antennas and any accessory equipment shall be painted or colored to blend in with the structure or surrounding environment.

c.

Antennas, supports and utility cabinets shall be mounted or placed in a manner, which blends with the surrounding environment.

d.

The permit application shall include a statement and supporting documentation that the telecommunications antenna will not materially interfere with other pre-existing communications facilities.

e.

Reasonable screening is required where deemed appropriate by the Zoning Administrator considering the size and design of the telecommunications antenna and the historic, residential, or commercial character of the surrounding area.

(iii)

Co-location of Small Cell Facilities.

a.

Notwithstanding any other provision hereof, applications for the co-location of small cell facilities on existing structures located on private property, as said terms are defined in Code of Virginia §15.2-2316.4, shall be governed by all requirements set forth in Division 2 of Article XI of Ch. 32 of the City Code other than §32-317.

b.

Small cell facilities located on private property shall be dismantled and removed within six months of abandonment.

(F)

Commercial Uses.

(1)

Applicability.

(a)

These commercial development standards apply to all uses in the Commercial Use Classification in Table 40.2-216 Use Table.

(b)

The standards in this section are applied only to the redeveloped portions of buildings.

(c)

When a building contains more than one use (principal or accessory), each use is subject to all applicable use-standards and regulations.

(2)

General Standards. Except otherwise noted, in addition to general requirements these general commercial standards are intended to apply for all commercial development in the City.

(a)

Street Access.

(i)

Except as permitted in Sec. 33.1 of the City Code, no building or other permit shall be issued for a proposed commercial use unless such use is located on a lot that abuts a fully improved street.

(ii)

For the purposes of this section, "fully improved" shall mean a street that abuts the lot and complies with all standards for streets in Sec. 33.1 of the City Code.

(b)

Street Network.

(i)

The internal network of streets shall connect to adjacent existing streets to better integrate the development with its context.

(ii)

Vehicular ingress and egress shall align with access points located across the street, whenever possible.

(iii)

Driveways shall be consolidated in order to reduce curb cuts, where possible.

(c)

Building Orientation. The principal façades shall face a public street serving the development to the greatest extent possible.

(d)

Multi-Building Development. Development composed of multiple buildings shall be configured in accordance with the following:

(i)

Outbuildings shall frame the corner of an adjacent street intersection or entry point to the development;

(ii)

Outbuildings within the same development shall include a consistent level of façade articulation on façades facing public streets, a gathering space, or parking lots.

(e)

Service and Loading Area Placement and Screening.

(i)

Outdoor storage, trash collection, and loading areas shall be integrated with the overall design of the building, or be screened in accordance with the standards in Sec. 40.2-304 Landscaping and Screening.

(ii)

The location and configuration of screening of large waste receptacles and refuse collection areas shall be depicted on development plans.

(iii)

Large waste receptacles and refuse collection areas and the fences or walls screening them shall maintain setbacks applicable for accessory buildings in the district where located.

(iv)

Large waste receptacles and refuse collection areas shall not be located within front or corner side yards.

(v)

Areas intended for large waste receptacles and refuse collection shall be surfaced with concrete that meets or exceeds minimum city standards.

(vi)

Exterior shopping cart storage areas shall be secured to the ground.

(f)

Roof-Mounted Equipment.

(i)

All rooftop equipment shall be screened from all off-street views.

(ii)

When flat roofs are used, parapet walls with three dimensional cornice treatments shall be used to conceal roof-mounted equipment.

(g)

Glazing.

(i)

Except for development subject to the standards for large commercial developments, the front façade of buildings shall provide glazing for at least 40 percent of the ground floor façade area between two feet above grade to eight feet above grade towards the street that the front façade faces.

(ii)

On corner lots, other building façades that face a public street shall be designed with one or more of the following:

a.

Glazing for at least 40 percent of the ground floor façade area between two feet above grade to eight feet above grade;

b.

Recessed wall elements equal in area and location to the glazing requirement in (a) above and compatible with the overall architectural design and details of the building;

c.

A mural or other artistic design of a noncommercial nature and of durable materials as determined by the Zoning Administrator comparable in size to the glazing requirement in (a) above; or

d.

An alternative wall design specifically submitted and approved by Zoning Administrator or as part of a Use Permit application, that meets the design intent of this section.

(iii)

Where there are more than two public street frontages only the two more significant frontages in terms of traffic and exposure shall be required to meet the requirements for glazing or the above alternatives.

(h)

On-Site Circulation. Pedestrian walkways shall:

(i)

Connect all buildings within a multi-building development with the public sidewalk.

(ii)

Have a minimum width of five feet and comply with the Americans with Disabilities Act (ADA).

(iii)

Be provided along the full length of building façades with an entryway or facing off-street parking areas.

(iv)

Site design, including entrances and parking lots, shall be coordinated with the location of existing and planned transit facilities.

(i)

Drive-Throughs. Commercial uses that include a drive-through shall comply with the standards in Sec. 40.2-302 Vehicular Stacking, Circulation, and Loading.

(j)

Curbside Pickup. Commercial uses that include curbside pickup shall comply with the standards in Sec. 40.2-301(E)(7) Curbside Pickup Area Parking Requirements.

(k)

Valet Parking. Commercial uses that include valet parking shall comply with the standards in Sec. 40.2-301(F)(5) Valet Parking.

(l)

Standards for Large Commercial Development. In addition to the general commercial standards, all new buildings of 60,000 gross square feet in area or more with shall comply with the following standards.

(i)

Building Entrances. Large commercial buildings shall have clearly defined, highly visible customer entrances featuring no less than three of the following:

a.

Canopies or porticos;

b.

Overhangs;

c.

Recesses/projections;

d.

Arcades;

e.

Raised corniced parapets over the door;

f.

Peaked roof forms;

g.

Arches;

h.

Outdoor patios;

i.

Display windows;

j.

Architectural detail such as tile work and moldings integrated into the building structure and design; or

k.

Integral planters that incorporate landscaped areas and places for sitting.

(ii)

Building Massing. Front façades of large commercial buildings shall be articulated to reduce their mass, scale, and uniform appearance. Large commercial buildings shall incorporate two or more of the following design elements on each façade visible from a street:

a.

Changes in wall plane, such as projections or recesses, having a wall offset of at least one foot depth, and located a minimum of every 40 feet. Each required offset shall have a minimum width of ten feet;

b.

Distinct changes in texture and color of wall surfaces;

c.

Variations in roof form and parapet heights;

d.

Glazing of 40 percent of at least two elevations;

e.

Vertical accents or focal points; and/or

f.

Side walls exceeding 30 feet in length shall have façade articulating elements such as columns and/or changes in plane, texture, or masonry pattern.

(G)

Use-Specific Standards for Specific Commercial Uses.

(1)

Adult Uses.

(a)

Purpose.

(i)

Adult uses, including Adult Entertainment Establishments and Adult Retail Stores, which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to residential neighborhoods, thereby having a deleterious effect upon the adjacent areas.

(ii)

Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.

(iii)

The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects.

(b)

Standards. In addition to general requirements, no signage that displays Specified Anatomical Areas or Specified Sexual Activities shall be displayed on the exterior of the building nor shall such materials be visible through any windows into the facility.

(2)

Animal Care Uses. In addition to general requirements, animal grooming, animal shelters, domestic animal breeding, kennels (indoor and outdoor), and veterinary clinics shall comply with the following standards:

(a)

Animal care uses shall be sufficiently insulated so no unreasonable odor or noise can be detected off the premises.

(b)

Animal care uses located within 200 feet of residentially zoned property shall be within a completely enclosed and adequately ventilated building.

(c)

Non-porous surfaces shall be used in all outside animal areas.

(d)

Any outdoor runs or pens used to house animals shall comply with the following standards:

(i)

Be located at least 50 feet from any lot line;

(ii)

Be secured with adequate fencing or walls to ensure containment of the animals; and

(iii)

Animals shall be confined to an enclosed building from 9:00 p.m. to 7:00 a.m.

(3)

Eating and Drinking Establishments.

(a)

Restaurants.

(i)

Restaurants operating and serving alcohol after 12:00 a.m. shall:

aa.

At the time of zoning permit application, submit a security plan complying with section 40.2-217(G)(5)(b)(xiii) to the zoning administrator for review and approval;

bb.

Install and maintain digital video equipment complying with section 40.2-217(G)(5)(b)(vi);

cc.

Restrict outdoor amplified sound after 10:00 p.m.; and

dd.

Ensure adequate exterior lighting for entrances, exits, and parking areas.

(ii)

A restaurant that seeks to host entertainment of a nature requiring an entertainment establishment use permit under this section shall be required to obtain said permit. A restaurant that seeks to host entertainment of a nature that does not require an entertainment establishment use permit under this section shall comply with all standards applicable to the entertainment establishment use under section 40.2-217(G)(5)(b).

(iii)

Restaurants that exceed two verified police responses related to disorderly conduct, fights, or alcohol-related offenses at or in direct connection to the establishment within a twelve-month period may be subject to zoning permit revocation pursuant to section 40.2-555.

(iv)

The provisions of this subsection do not apply to restaurants operating within a casino gaming establishment.

(4)

Parking, Commercial.

(a)

Park and Ride Facility. In addition to general requirements, a park and ride facility shall comply with the following standards:

(i)

Parking shall be one of the principal uses of the park and ride facility and may include other multi-modal uses.

(ii)

Parking spaces may be rented for parking.

(b)

Parking Facility. In addition to general requirements, a commercial parking facility shall comply with the following standards:

(i)

Parking shall be the principal use of a parking structure.

(ii)

Retail sales and office establishments may be located on the ground floor of multi-level parking structure.

(5)

Recreation/Entertainment, Indoor.

(a)

Commercial Indoor Amusement. In addition to general requirements, no commercial indoor amusement use shall include activities that are illegal under or not operated in compliance with Article I of Ch. 8 of Title 18.2 of the Code of Virginia.

(b)

Entertainment Establishment (Indoor or Outdoor). In addition to general requirements, entertainment establishments shall comply with the following standards:

(i)

Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare.

(ii)

Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound.

(iii)

Any building housing live entertainment shall include soundproof entryway and exit doors.

(iv)

Live entertainment shall only be permitted indoors.

(v)

The hours of operation for the entertainment use shall be from 8:00 a.m. until midnight.

(vi)

Before initially operating the entertainment use and so long as the use remains in operation, the owners and/or operators of the establishment shall install and maintain digital video equipment with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, side, and rear exteriors of the establishment for 24 hours a day, seven days a week. Recorded data must be maintained in a condition permitting review of the information for no less than 30 days.

(vii)

Prior to initially operating the entertainment use, a zoning permit must be obtained from the zoning administrator and a certificate occupancy must be obtained from the department of permits and inspections. Prior to issuance of the certificate of occupancy, the applicant shall submit to the department of permits and inspections documentation certified by a licensed architect, engineer, or acoustical consultant verifying that all entrances and exits, including rear service doors, have been constructed or retrofitted with soundproofing materials that mitigate noise transmission from indoor live entertainment to adjacent properties. This certification shall be reviewed by city staff and maintained in the permanent file for the establishment.

(viii)

The maximum occupancy load of the establishment, including patrons and employees, must comply with any limits set by the city building official or the limits set by the use permit, whichever is less.

(ix)

The owners and/or operators of the establishment must not violate any laws of the Commonwealth of Virginia or ordinances of the city related to peace and good order, nor suffer repeated, chronic, or significant violations by patrons or customers. If the chief of police determines that there are violations of this type to comprise a significant law enforcement issue, or violations of the approved security plan which comprise or result in a significant law enforcement issue, they may notify the owners and/or operators in writing and provide a copy of such notice to the zoning administrator, which may result in the initiation of proceedings for the revocation of the use permit by city council.

(x)

Neither the establishment nor any portion of it shall be leased, let, or used by any third party to stage an entertainment event for profit. No outside promoter shall be permitted to use, operate, rent, or host any entertainment event on the premises of the establishment.

(xi)

Rear doors of the establishment shall be used for emergency exits only and shall not be propped open during the hours of operation of the entertainment, except for deliveries.

(xii)

All local, state, and federal licenses and permits required for the operation of the establishment must be obtained prior to commencement of the entertainment use and must be maintained in good standing for so long as the use continues.

(xiii)

Prior to commencing the operation of the entertainment use, the owner and/or operator of the establishment must submit a written security plan to the zoning administrator and obtain written approval. The approved security plan shall be adhered to at all times. Any material changes to the plan must be submitted to and approved by the zoning administrator. The plan must address, at a minimum, the following:

aa.

The number and placement of licensed private security personnel, including indoor and exterior coverage during hours of operation;

bb.

Protocols for verifying age and ID at entry points;

cc.

Procedures for screening patrons for weapons or contraband;

dd.

Measures for managing queues, crowd control, and orderly dispersal at closing;

ee.

Coordination with the police department in the event of incidents;

ff.

Hours of operation and maximum occupancy limits;

gg.

Lighting and surveillance coverage of the exterior of the premises;

hh.

Emergency evacuation procedures; and

ii.

A designated driver program.

(xiv)

If two or more violent incidents, documented by the police department, occur on or in direct connection with the establishment within any 12 month period, the zoning administrator shall initiate proceedings for the automatic reconsideration of the establishment's use permit by city council. The zoning administrator shall notify the owner and operator in writing, and the matter shall be docketed for review by city council within 60 days of the notification. In conducting its review, city council may revoke, amend, or impose new conditions on the use permit if deemed advisable in city council's legislative discretion to promote the public health, safety, and general welfare.

(xv)

Off-Street Parking and Shuttle Service.

aa.

If the off-street parking requirement for the establishment under this zoning ordinance is to be satisfied by utilizing off-street parking areas not located on the same parcel as the use, then a shared parking agreement or lease agreement must be submitted for review and approved as to form by the city attorney. The shared parking agreement must specify the location, number of spaces, duration of use, and hours of availability.

bb.

All off-street parking areas must be located within an 800-foot walking distance of the entertainment establishment unless a shuttle system is provided. If a shuttle system is provided, the establishment owner or operator must provide a shuttle plan for review and approval.

cc.

Failure to maintain the availability of required off-site parking shall constitute a violation of the zoning approval and may be grounds for revocation of the use permit.

(xvi)

Any establishment that sells, serves, or permits the consumption of alcoholic beverages shall be subject to the following additional requirements:

aa.

The establishment must obtain and continuously maintain a valid license from the Virginia Alcoholic Beverage Control Authority appropriate to the type of establishment and activity proposed.

bb.

The establishment must operate at all times in full compliance with the requirements and conditions of its ABC license, including without limitation membership requirements, service restrictions, and operational limitations, and in full compliance with any other condition, requirement, or limitation imposed by the Virginia Alcoholic Beverage Control Authority. Without limitation, an establishment's use permit may be revoked by city council for any violation of a general or specific condition imposed by the Authority, including a condition incorporated by reference or arising from any conditions, requirements, or limitations imposed on any aspect of the operation of the establishment by the Authority or by Virginia law.

cc.

The establishment must submit proof of a valid ABC license to the zoning administrator prior to issuance of a certificate of occupancy and upon each license renewal or modification.

dd.

An ABC manager, employed and compensated by the operator, shall be present at all events held on the premises. This manager shall supervise the event at all times. The ABC manager shall be present on the premises at least one hour prior to the beginning of the event and shall remain on the premises until the event is concluded and the establishment is secured and locked. If alcohol is not served or consumed, a responsible supervisor, employed and compensated by the operator, shall perform this function.

ee.

The suspension, revocation, non-renewal or voluntary surrender of an ABC license for an establishment shall automatically trigger review of the establishment's use permit by the zoning administrator. Upon review, the zoning administrator may initiate proceedings for city council to consider revocation of the use permit. The suspension, revocation, non-renewal or voluntary surrender of an ABC license shall constitute grounds for revocation of the use permit by city council.

ff.

Any lapse in ABC licensure without timely notice and cure may be treated as a zoning violation subject to enforcement.

(xvii)

Joint Responsibility for Compliance. The property owner and the use operator, if different, shall be jointly and severally responsible for compliance with all applicable requirements of this subsection and the use permit, including, but not limited to, operational standards and permit conditions.

(xviii)

During all hours of operation, the establishment operator shall be responsible for maintaining those portions of public rights-of-way improved by sidewalk and portions of any parking lot adjacent to the premises regulated by the use permit so as to keep such areas free of litter, refuse, and both solid and liquid waste.

(xix)

No patrons or guests shall be charged a cover charge or fee for entry to the establishment.

(xx)

A copy of the establishment's use permit shall be available on the premises at all times for inspection, and a notice indicating that the use permit and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator.

(xxi)

A binder or folder containing documentation relating to the operation of the establishment shall be kept on the premises at all times and shall be produced upon request made by any person. For purposes of this subsection, the documentation relating to the operation of the establishment shall include copies of the following:

aa.

The use permit and any amendments;

bb.

Any ABC license;

cc.

Any occupancy permit[s];

dd.

Certifications of all persons who work on the premises as a security guard;

ee.

All fire code certifications, including alarm and sprinkler inspection records;

ff.

Any health department permit[s];

gg.

The emergency action plan required under the Fire Prevention Code;

hh.

The names, addresses, and phone numbers of all persons who manage or supervise the establishment at any time; and

ii.

The establishment's security plan.

(c)

Event Space/Banquet Hall. In addition to general requirements, event space/banquet halls shall comply with the following standards:

(i)

The requirements for entertainment establishments set forth in subsection 40.2-217(G)(5)(b) shall also apply to event space/banquet halls.

(ii)

Notwithstanding subsection (i) above, if no ABC license is obtained for the regular service or sale of alcoholic beverages at the event space/banquet hall and the owner or operator instead requires those who contract to hold events to obtain their own temporary ABC licenses, then subsection 40.2-217(G)(5)(b)(xvi) shall not apply. Provided however, that the operator of the event space/banquet hall shall ensure that all holders of the temporary ABC licenses strictly comply with all terms and conditions of the temporary licenses that are related to the sale or service of alcoholic beverages, or any other conduct, on the premises. Without limitation, failure to comply with this requirement shall constitute grounds for revocation of the use permit for the event space/banquet hall by city council.

(6)

Recreation/Entertainment, Outdoor.

(a)

Commercial Outdoor Sports, Recreation, and Entertainment.

(i)

Swimming Pools (Principal Use). In addition to general requirements, a swimming pool that is a principal use shall comply with the following standards:

a.

The area containing the pool shall be completely enclosed by a fence in accordance with Sec. 40.2-305 Fences and Walls.

b.

The fence around the pool must have a gate that can be securely fastened.

c.

Any pump and filtering equipment and any appurtenant structures shall be located at least ten feet from any lot line.

d.

There shall be no commercial sales that are not an integral part of the pool use nor shall any commercial displays be visible from the street or other property.

(7)

Retail Sales and Services.

(a)

Convenience Stores with Gasoline Sales and Gasoline Sales. In addition to general requirements, gasoline sales uses, including convenience stores with gasoline sales that include the retail sales of gasoline and other vehicle fuels, shall comply with the following standards:

(i)

If the gasoline sales use is located on a corner lot, the lot shall have a lot area of at least 30,000 square feet and a lot width of at least 125 feet on each street side. In all other cases, the lot shall have a lot area of at least 15,000 square feet and a lot width of at least 150 feet.

(ii)

The gasoline sales use shall have no more than two vehicular access points, OR one for each street frontage, whichever is greater.

(iii)

Access points shall be located at least 75 feet from each other, at least 50 feet from any intersecting street rights-of-way, and at least 15 feet from any other lot line unless modified by the City Engineer.

(iv)

Gasoline sale uses with a canopy shall comply with the accessory use-specific standards in Sec. 40.2-217(I)(3)(d).

(b)

Construction Material Sales. In addition to general requirements, a construction material sales use shall comply with the following standards:

(i)

If outdoor storage is included with the use, the use must comply with the accessory use-specific standards in Sec. 40.2-217 (J)(3)(j) Outdoor Storage (Accessory Use).

(c)

Marina, Commercial (Principal Use). In addition to general requirements, a commercial marina shall comply with the following standards:

(i)

Commercial marinas and boating facilities shall be designed in accordance with the "Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" as prepared by the Virginia Marine Resources Commission, VR 450-01-0047.

(ii)

All federal, state, and local requirements, including CBPA and Floodplain Overlay requirements, for marina facilities shall be met and the necessary permits obtained prior to issuance of Zoning Permit.

(iii)

Dry stacking of boats outside enclosed structures shall be prohibited.

(iv)

Exterior lighting shall comply with the standards in Sec. 40.2-306 Exterior Lighting.

(d)

Marina, Private (Principal Use). In addition to general requirements, a private marina shall comply with the following standards:

(i)

Use of private marinas, docks, or boating facilities shall be limited to a specific membership and shall not be intended for the general public or commercial purposes.

(ii)

Private marinas and boating facilities shall be designed in accordance with the "Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" as prepared by the Virginia Marine Resources Commission, VR 450-01-0047.

(iii)

All federal, state, and local requirements, including CBPA and Floodplain Overlay requirements, for marina facilities shall be met and the necessary permits obtained prior to issuance of Zoning Permit.

(iv)

Dry stacking of boats outside enclosed structures shall be prohibited.

(v)

Exterior lighting shall comply with the standards in Sec. 40.2-306 Exterior Lighting.

(e)

Vending Uses. In addition to general requirements, vending uses shall comply with the following standards:

(i)

Vending uses shall require Site Plan approval in accordance with Sec. 40.2-540 Site Plans.

(ii)

No vending use shall be placed within any easement without expressed written permission from the easement holder.

(iii)

No vending use shall encroach into any minimum required setback of the principal structure.

(iv)

Vending uses shall comply with all Uniform Statewide Building Code requirements.

(v)

Vending uses shall be immediately adjacent to a minimum of two parking spaces.

(vi)

Vending uses shall comply with Sec. 40.2-304 Landscaping and Screening.

(vii)

Vending uses shall be installed on an impervious surface and shall not be installed on any green area or area reserved for open space set-asides.

(viii)

Roof-mounted or other equipment shall be screened in accordance with Sec. 40.2-304 Landscaping and Screening.

(ix)

Within 30 calendar days of the ceasing of operation of any vending use, all of the vending equipment and incidentals shall be removed from the premises.

(8)

Vehicle Sales and Services, Light.

(a)

Vehicle Sales. In addition to general requirements, vehicle sales shall comply with the following standard:

(i)

All newly established new and used vehicle sales uses shall be prohibited from parking or displaying vehicles in the required perimeter vehicular use area landscaping strip between the front lot line and any vehicle use area.

(b)

Car Wash or Auto Detailing. In addition to general requirements, car wash (automatic and self-service) or auto detailing uses shall comply with the following standards:

(i)

A car wash shall utilize a low-volume water recycling system, which provides for an average of at least 80 percent recycled water per wash.

(ii)

No water produced by activities at the facility shall be permitted to fall upon or drain across public streets, sidewalks, or adjacent properties.

(iii)

Vehicle stacking spaces shall comply with the standards in Sec. 40.2-302(A).

(iv)

A car wash and all associated uses must comply City Code Sec. 24-255 Unlawful Excessive Sound.

(v)

If a car wash or auto detailing use abuts a residentially zoned property, all associated buildings must be set back a minimum of 25 feet from the abutting residential lot line.

(vi)

All car wash and auto detailing uses shall comply with the city and state's stormwater regulations.

(c)

Vehicle Parts/Supply, Retail. In addition to general requirements, vehicle parts/supply, retail shall comply with the following standards:

(i)

Minor repair and storage of all vehicles shall occur within an enclosed building.

(ii)

Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is:

a.

No larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened with a fence or wall in accordance with Sec. 40.2-305 Fences and Walls.

(iii)

Vehicles shall not be parked or stored as a source of parts or for the purpose of sale, lease, or rent.

(d)

Vehicle Repair and Servicing, Minor. In addition to general requirements, minor vehicle repair and service uses shall comply with the following standards:

(i)

Repair of all vehicles and associated work shall occur within an enclosed bay or building.

(ii)

If gasoline is sold on-site, the use shall also comply with the standards for a gasoline sales use in Sec. 40.2-217(G)(6)(c) Gasoline Sales.

(iii)

Opaque fencing and/or landscaping at least six feet and no greater than eight feet in height shall be in installed along the entire length of properties abutting any residential zoning districts.

(iv)

Used or damaged equipment removed from vehicles shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal and/or screened from all off-site views visible from a public right-of-way.

(v)

Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened in accordance with Sec. 40.2-304(F) Screening.

(vi)

The use shall not include outdoor storage lots or impound yards for towed vehicles.

(vii)

The storage of tires in any amount outside or inside a trailer, vehicle, or building is prohibited unless stored in accordance with the following standards:

a.

Sufficient drainage shall be maintained such that water does not collect in the area where tires are stored.

b.

Tire storage piles shall be separated from possible ignition sources including, but not limited to, open flame, welding equipment, cutting equipment, and heating devices.

(viii)

Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days.

(ix)

In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(e)

Vehicle Repair and Servicing, Major. In addition to general requirements, major vehicle repair and servicing uses shall comply with the following standards:

(i)

Repair and storage of vehicles, and all associated work shall occur within an enclosed bay or building.

(ii)

Opaque fencing and/or landscaping at least six feet and no greater than eight feet in height shall be in installed along the entire length of properties abutting any residential zoning districts.

(iii)

Used or damaged equipment removed from vehicles shall be stored indoors or shall be deposited in an approved covered outdoor collection receptacle for appropriate off-site disposal and/or screened from all off-site views visible from a public right-of-way.

(iv)

Vehicles shall not be parked or stored as a source of parts.

(v)

Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened in accordance with Sec. 40.2-304 Landscaping and Screening.

(vi)

The storage of tires outside or inside a trailer, vehicle, or building is prohibited unless stored in accordance with the following standards:

a.

Sufficient drainage shall be maintained such that water does not collect in the area where tires are stored.

b.

Tire storage piles shall be separated from possible ignition sources including, but not limited to, open flame, welding equipment, cutting equipment, and heating devices.

(vii)

Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days.

(viii)

In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.

(f)

Vehicle Wrecker Service. In addition to general requirements, vehicle wrecker service uses shall comply with the following standards:

(i)

Vehicles shall not be stored for more than 90 days without authorization by the City.

(ii)

Vehicles shall be stored to the rear of the principal structure, screened in accordance with Sec 40.2-304, Landscaping and Screening.

(9)

Vehicle Sales and Service, Heavy.

(a)

Recreational Vehicle Sales and Service. In addition to general requirements, uses primarily involving the sales or rental of vehicles, trucks, travel trailers, or recreational vehicles shall comply with the following standards:

(i)

No vehicle or equipment displays shall be located within a required setback or landscape buffer.

(ii)

No vehicles or other similar items shall be displayed on the top of a building.

(b)

Heavy Equipment Sales and Service. In addition to general requirements, uses primarily involving the sales, rental, or storage of heavy equipment shall comply with the following standards:

(i)

No heavy equipment shall be located within a required setback or landscape buffer.

(10)

Visitor Accommodations.

(a)

Bed and Breakfast Inns. In addition to general requirements, bed and breakfast inns shall be:

(i)

Operated in a principal residential structure and not in any accessory structure.

(ii)

The structure to be used shall be 50 years or more of age or be of historic significance. If the structure does not meet the age requirement, it shall be the applicant's responsibility to establish with convincing proof that the residential structure is of historic significance.

(iii)

Two off-street parking spaces for the owner/manager and one off-street space per guest room shall be required. In the Port Norfolk Historic District, the City Council may reduce or eliminate the requirement for the two owner/manager spaces; provided, however, that no fewer than two off street parking spaces are provided for the inn.

(iv)

A maximum of ten guest rooms shall be allowed in the Olde Towne Historic District. In the Port Norfolk Historic District, a maximum of five guest rooms shall be allowed.

(v)

No exterior additions or alterations shall be made for the express purpose of creating or maintaining a bed and breakfast inn other than those required for health, safety or sanitation requirements. Minimal decorative alterations may be made to the structure if such changes are deemed to be compatible with the nature of the neighborhood. Such alterations and additions that are necessary or desired must meet all zoning, building, environmental and fire code regulations and must be approved by the Historic Preservation Commission.

(vi)

The facility shall be occupied and managed by an individual having at least 51 percent ownership interest in the improved real estate upon which the inn is situated.

(vii)

The maximum length of stay for a transient paying guest is limited to 14 consecutive days in any 30-day period of time. The proprietor shall keep a current guest register including names, addresses and dates of occupancy of all guests, which register shall be available for city inspection at any time.

(viii)

For identification of the bed and breakfast inn, one wall sign of four square feet is permitted. Such sign shall not be directly illuminated, nor shall it contain the words "hotel" or "motel." Such sign shall meet all zoning requirements including approval from the HPC.

(ix)

Receptions and other such functions, for compensation, shall not be permitted.

(x)

If approved as a condition of a Use Permit, meals may be served to transient overnight guests and to the public, between 7:00 a.m. and 2:00 p.m. In the Port Norfolk Historic District, only one meal may be served between 7:00 a.m. and 11:00 a.m. Seating capacity in the dining room shall be limited to no more than four seats per bed and breakfast guest room.

(xi)

A minimum of one full bathroom, to include a water closet, lavatory and bathtub or shower, shall be provided on each floor of the structure to be occupied by guests. However, additional bathrooms may be required as a condition of a Use Permit.

(b)

Hotel or Motel. In addition to general requirements, hotel and motel uses shall comply with the following standards:

(i)

A hotel or motel shall have its principal frontage, access, and orientation directly on an arterial street or collector street unless it is served by an interior private access road.

(ii)

Vehicular access from an interior residential street is prohibited.

(iii)

In addition to the accessory uses allowed in Sec. 40.2-215 Accessory Uses, up to an additional 20 percent of the gross floor area of a hotel or motel may be devoted to eating establishments as an accessory use. The eating establishments(s) may have an entrance from outside the principal building.

(iv)

No individual stay shall extend for a period greater than 30 days in a 60-day period.

(v)

Notwithstanding subsection (iv), a stay in excess of 30 days in a 60-day period may occur in a hotel or motel use in the following situations:

a.

Where there is a written contract or document between a hotel or motel and a business, corporation, firm, individual or governmental agency to house employees or individuals on valid work orders;

b.

Where there is a written contract between the hotel or motel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or

c.

Where the Zoning Administrator authorizes in writing, after consultation with the Social Services director, a stay for an additional period of up to 90 days to prevent residents from becoming homeless. In the event that the Department of Social Services is unable to identify appropriate alternative housing within 90 days, this 90-day period may be extended in writing by the Zoning Administrator.

d.

The written contract, document, and authorization noted above shall be kept on file and must be available for inspection.

(c)

Hotel or Motel, Extended Stay. In addition to general requirements, extended stay hotel and motel uses shall comply with the following standards:

(i)

A hotel or motel shall have its principal frontage, access, and orientation directly on an arterial street or collector street unless it is served by an interior private access road.

(ii)

Vehicular access from an interior residential street is prohibited.

(iii)

In addition to the accessory uses allowed in Sec. 40.2-215 Accessory Use, up to an additional 20 percent of the gross floor area of a hotel or motel, extended stay may be devoted to eating establishments as an accessory use. The eating establishments(s) may have an entrance from outside the principal building.

(iv)

No individual stay shall extend for a period greater than 30 days in a 60-day period.

(v)

Notwithstanding subsection (iv), a stay in excess of 30 days in a 60-day period may occur in a hotel or motel, extended stay use in the following situations:

a.

Where there is a written contract or document between a hotel or motel and a business, corporation, firm, individual or governmental agency to house employees or individuals on valid work orders;

b.

Where there is a written contract between the hotel or motel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or

c.

Where the Zoning Administrator authorizes in writing, after consultation with the Social Services director, a stay for an additional period of up to 90 days to prevent residents from becoming homeless. In the event that the Department of Social Services is unable to identify appropriate alternative housing within 90 days, this 90-day period may be extended in writing by the Zoning Administrator.

d.

The written contract, document, and authorization noted above shall be kept on file and must be available for inspection.

(d)

Hotel or Motel, Full Service. In addition to general requirements, full service hotels and motels shall comply with the following standards:

(i)

A full service hotel or motel is one that includes four or more of the following:

a.

Room service;

b.

Complimentary breakfast;

c.

Pool;

d.

Athletic/fitness room with at least multiple machines for cardio and strength training;

e.

Eating establishments as an accessory use;

f.

Lounge with live entertainment;

g.

Meeting or banquet rooms; or

h.

Personal services, including, but not limited to, barber/beauty shops, shoeshine, dry cleaning pick-up and delivery, concierge services.

(ii)

Entertainment establishments located in full-service hotels shall not be required to obtain Use Permits.

(iii)

Full service hotels and motels in the WF district shall provide meeting rooms and room service.

(iv)

A hotel or motel, full service shall have its principal frontage, access, and orientation directly on an arterial street or collector street unless it is served by an interior private access road.

(v)

Vehicular access from an interior residential street is prohibited.

(vi)

Up to 15 percent of the gross floor area of a hotel or motel may be in nonliving-quarter incidental uses (accessory uses), including management/employee offices, meeting rooms, banquet halls, retail services (such as newsstands and gift shops), and similar uses, provided any incidental business is conducted primarily to service guests, and there is no entrance to such places of business except from the inside of the building.

(vii)

In addition to the accessory uses allowed in Sec. 40.2-217(I) Accessory Use-Standards, up to an additional 20 percent of the gross floor area of a hotel or motel, full service may be devoted to eating establishments as an accessory use. The eating establishments(s) may have an entrance from outside the principal building.

(viii)

No individual stay shall extend for a period greater than 30 days in a 60-day period.

(ix)

Notwithstanding subsection (viii), a stay in excess of 30 days in a 60-day period may occur in a hotel or motel, full service in the following situations:

a.

Where there is a written contract or document between a hotel or motel and a business, corporation, firm, individual or governmental agency to house employees or individuals on valid work orders;

b.

Where there is a written contract between the hotel or motel and a governmental, charitable or insurance agency to house families in crisis who are receiving temporary housing assistance from said governmental, charitable or insurance agency; or

c.

Where the Zoning Administrator authorizes in writing, after consultation with the Social Services director, a stay for an additional period of up to 90 days to prevent residents from becoming homeless. In the event that the Department of Social Services is unable to identify appropriate alternative housing within 90 days, this 90 day period may be extended in writing by the Zoning Administrator.

d.

The written contract, document, and authorization noted above shall be kept on file and must be available for inspection.

(H)

Industrial Uses.

(1)

Industrial Services.

(a)

Laundry, Dry Cleaning, and Carpet Cleaning Facility. In addition to general requirements, laundry, dry cleaning, and carpet cleaning facilities shall comply with the following standards:

(i)

Be within an enclosed building.

(ii)

Use nonflammable liquids in the cleaning processes that emit no odor, fumes, or steam detectable to normal senses from off the premises.

(b)

Self-Service Storage Facility. In addition to general requirements, self-service storage facilities shall comply with the following standards:

(i)

Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.

(ii)

The owner/operator shall be allowed to sell moving and packaging materials and related items and to hold auctions on site for the disposal of goods stored on the premises.

(iii)

No more than one security or caretaker quarters may be developed on the site, and any such quarters shall be integrated into the building's design.

(iv)

Except as otherwise authorized in this subsection, all personal property shall be stored within enclosed buildings.

(v)

All access ways shall be paved with asphalt, concrete, or comparable paving materials.

(vi)

Garage doors or roll-up doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.

(vii)

The maximum height of a self-service storage facility shall be in accordance with the applicable district standards contained in Article II. Zoning Districts.

(viii)

The exterior façades of all structures facing a public street shall be masonry (brick or split-faced CMU) or a combination of said masonry and other building products that have the appearance of a textured finish.

(ix)

Open storage of recreational vehicles, travel trailers, and dry storage of pleasure boats of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:

a.

No outdoor storage shall be visible from off-site at street level from a public right-of-way;

b.

The storage shall occur only within a designated area, which shall be clearly delineated;

c.

The size of the storage area shall not exceed 25 percent of the buildable area of the site;

d.

Outdoor storage areas shall be located to the rear of the principal structure and be screened according to the applicable Screening requirements in Sec. 40.2-304 Landscaping and Screening;

e.

Storage shall not occur within the areas set-aside for minimum building setbacks;

f.

No dry stacking of boats shall be permitted on-site; and

g.

Portable storage containers and freight shipping containers are prohibited.

(x)

Where an existing building is being converted to a self-storage use, the use-specific standards may be varied through an approved Use Permit.

(xi)

Additional Standards for Self-Storage Single-level Facility

a.

The minimum lot area shall be at least two acres.

b.

In a single-level self-service storage facility, interior parking shall be provided in the form of aisle ways adjacent to the storage bays. These aisle ways shall be used both for circulation and temporary customer parking while using storage bays.

c.

The minimum width of these aisle ways shall be 21 feet if only one-way traffic is permitted, and 30 feet if two-way traffic is permitted.

d.

All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards;

i.

Fences shall be no shorter than six feet or taller than eight feet.

ii.

Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings.

iii.

Chain link fencing is prohibited.

iv.

Metal fences shall include brick pilasters or supports located with consistent on-center spacing.

v.

Wooden or chain link entry gates into the use are prohibited.

vi.

Gates installed shall open horizontally, not vertically to ensure unencumbered access for emergency equipment.

(xii)

Additional Standards for Self-Storage Multi-level Facilities

a.

All multi-level facilities shall have interior elevators.

b.

No less than 20 percent of the front façade facing the principal street shall consist of a non-reflective glazing material.

c.

Where interior ramps are proposed for use by motor vehicles the interior aisle ways shall meet or exceed the requirements of Sec. 40.2-301.

d.

If approved by a Use Permit, other uses may be permitted on the first floor of the multi-level facility.

e.

A loading dock or loading area shall be provided.

f.

Individual storage units shall not be directly accessible from the exterior of the multi-level facility.

(c)

Outdoor Storage (Principal Use). In addition to general requirements, lots used for outdoor storage shall comply with the following standards:

(i)

Be fully enclosed in accordance with Sec. 40.2-305 Fences and Walls.

(ii)

Be screened in accordance with Sec. 40.2-304 Landscaping and Screening.

(iii)

The height of materials and equipment stored shall not exceed the height of the screening.

(iv)

Customers and vehicles shall be allowed to circulate through the area used for outdoor storage.

(v)

Flammable liquids or gases in excess of 1,000 gallons shall be stored underground.

(d)

Bulk Fuel/Fuel Oil Storage and Sales. In addition to general requirements, uses primarily involving bulk fuel/fuel oil storage and sales shall comply with the following standards:

(i)

Fuel, fuel oil, and gas storage shall be within incombustible exterior walled structures.

(ii)

Underground and aboveground fuel storage tanks shall meet and comply with all local, state, and federal requirements.

(iii)

Containers used for fuel oil storage shall not exceed an individual capacity of 275 gallons.

(iv)

Oil storage exceeding 10,000 gallons above the ground is prohibited within 50 feet of any lot line.

(v)

Bulk storage containers (aboveground storage tanks) with oil storage capacity greater than 1,320 gallons, shall comply with Spill Prevention, Control, and Counter Measures (SPCC) under the Federal Clean Water Act regulations and Virginia regulation 9VAC25-91.

(2)

Manufacturing and Production.

(a)

Manufacturing, Heavy and Light. In addition to general requirements, heavy and light manufacturing uses shall comply with the following standards:

(i)

Repair of all machines shall occur within an enclosed building.

(ii)

Temporary outdoor storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened in accordance with Sec. 40.2-305 Fences and Walls. The height of materials and equipment stored shall not exceed the height of the screening fence or wall.

(iii)

The use shall locate outdoor storage areas to the rear of the principal structure and be screened in accordance with Sec. 40.2-304(F) Screening.

(iv)

The height of materials and equipment stored shall not exceed the height of the screening.

(b)

Industrial, Hazardous. In addition to general requirements, hazardous industrial uses shall comply with the following standards:

(i)

Storage of gaseous materials shall be limited to quantities not exceeding 500,000 cubic feet and not located within 100 feet from any lot line.

(ii)

If the pressure is greater than 100 pounds per square inch, gas storage with quantities less than 200 cubic feet shall not be located within 50 feet of any lot line.

(3)

Warehouse and Freight Movement.

(a)

Port Facilities. In addition to general requirements, port facilities shall comply with the following standards:

(i)

Drive aisles at least 50 feet wide shall be provided between rows of shipping containers to provide sufficient space for forklifts and safe maneuvering unless a modification is approved by the City Engineer.

(ii)

Any facility that includes shipping containers or chassis shall also comply with Sec. 40.2-217(H)(3)(b).

(b)

Shipping Container/Chassis Storage Yard. In addition to general requirements, shipping container/chassis storage yards shall comply with the following standards:

(i)

The minimum lot size for a shipping container/chassis storage yard shall be two (2) acres.

(ii)

Drive aisles at least 50 feet wide shall be provided between rows of containers to provide sufficient space for forklifts and safe maneuvering unless a modification is approved by the City Engineer.

(iii)

Containers shall not be stored in groups that occupy an area measuring greater than 200 feet by 80 feet.

(iv)

Containers shall be placed on a level, well-compacted surface of crushed stone or similar material.

(v)

All entrance drives and off street parking areas shall be paved with asphalt or concrete.

(vi)

The container storage area, as well as the entrance drives and off-street parking areas, shall be maintained free of potholes.

(vii)

Shipping containers shall be stacked no higher than four containers high.

(viii)

Only shipping containers being used in the active transport of goods, wares, or merchandise shall be placed or stored in a shipping container storage yard.

(ix)

All shipping containers shall be placed or stored in a shipping container storage yard in an empty and ready to ship state.

(x)

On-site repairs of shipping containers shall be limited to minor repairs needed to ensure that they remain in a condition ready to ship—including cleaning, repairing, servicing, painting, or fumigation.

(xi)

All shipping containers shall be kept within a fenced area.

(xii)

The owner/operator shall maintain a log showing the dates each container was brought on the site and removed.

(xiii)

No shipping container shall be stored on the site longer than 12 months.

(xiv)

No signage shall be placed on the shipping container units.

(xv)

Any graffiti on shipping containers that are visible from adjacent properties or public rights-of-way shall be removed immediately.

(xvi)

All truck chassis shall remain in an operable condition, be roadworthy, and display all valid vehicle license and current tags, as required.

(4)

Waste and Energy Services.

(a)

Construction/Demolition/Debris (CDD) Landfill. In addition to general requirements and the standards contained in Sec. 40.2-533 Use Permits, any Use Permit requested shall be approved only if the applicant has demonstrated that all of the following additional requirements are met, unless they are specifically waived or modified through the Use Permit process approved by City Council:

(i)

Location and Siting Requirements.

a.

CDD Landfills shall be located so that truck traffic arriving at or departing from the landfill can access an arterial street without need for travel upon a public street within or adjacent to:

i.

Any public park; or

ii.

Public recreational area; or

iii.

Recreational facility.

b.

CDD Landfills and expansions of such facilities shall not be located within or encroach into any 100-year floodplain.

c.

The minimum area of a parcel proposed for development as a CDD Landfill must be 20 acres.

d.

No disposal unit (disposal cell) or leachate storage unit shall be located within:

i.

Fifty feet of the lot line on which the landfill is located; or

ii.

Two hundred feet of a lot line of any educational facility, health care facility or religious institution.

e.

All CDD Landfills shall comply with the requirements of the Virginia Department of Environmental Quality (DEQ) and all required permits shall be maintained throughout all phases of operation and closure of the facility.

(ii)

Design Requirements.

a.

All facilities shall have an adequately lighted and heated shelter where operating personnel can exercise site control and have access to essential sanitation facilities.

b.

Lighting, heat, and sanitation facilities may be provided by portable equipment as necessary.

c.

The facility shall be designed with sufficient off-street parking and stacking areas to accommodate all employees, visitors, and trucks.

d.

Public streets shall not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks.

e.

The facility shall be designed with sufficient drive aisles and parking areas to avoid potential conflicts between facility operations by trucks and the use of emergency access ways and fire lanes.

f.

The off-site road surface design shall be suitable for heavy vehicles and the road base shall be capable of withstanding all expected loads.

g.

On-site roads shall be passable by loaded collection and transfer vehicles in all weather conditions.

h.

The on-site road system shall be designed to avoid the need for the backing of truck traffic.

i.

Sufficient internal storage areas shall be provided for incoming solid waste.

j.

A CDD Landfill shall include an eight-foot perimeter fence interrupted only by necessary access and maintenance gates, or otherwise secured as determined by the Zoning Administrator in order to control vehicular and public access and prevent illegal disposal.

k.

All access will be limited by gates, and such gates shall be securable and equipped with locks.

l.

Fencing shall be constructed in accordance with Sec. 40.2-305 Fences and Walls, and may include chain link, wood, vinyl or other materials of similar aesthetic characteristics and quality.

m.

The use of barbed wire or electric fencing shall be prohibited.

n.

The facility shall screened from off-site views in accordance with Sec. 40.2-304(F) Screening.

o.

The Zoning Administrator shall be authorized to modify or waive the landscaping requirements where the facility is not visible from a public right-of-way or from privately owned property.

(iii)

Operational Requirements.

a.

Only construction waste, demolition waste, debris waste, yard waste, split tires, and white goods shall be accepted at any CDD Landfill. No other wastes shall be accepted unless specifically identified in an approved Use Permit and permitted by the Virginia Department of Environmental Quality.

b.

Operating hours shall be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday.

c.

Trucks or vehicles shall not be parked or stored overnight at the landfill unless screened in a manner that will substantially prevent view of stored vehicles from public rights-of-way.

d.

Any vehicle maintenance services shall be a secondary and subordinate use of the site and shall be limited to maintenance of vehicles associated with trash delivery.

e.

Junked or inoperable vehicles shall not be stored at the landfill.

f.

Emergency access ways and fire lanes shall be maintained at all times in an unobstructed and fully accessible condition.

g.

The operation of the CDD Landfill shall be undertaken so as to prevent the attraction, harborage or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate conditions which cause or may potentially cause harm to the public health and the environment, congregation of birds, safety hazards to individuals and surrounding property, and excessive odor problems, unsightliness, and other nuisances.

h.

CDD Landfills shall be maintained in a neat and orderly appearance at all times through the control of uncontained waste, trash, and litter. Operators shall cause periodic off-site policing and clean-up of trash and litter along all public rights-of-way described in the Truck Routing Plan within 1,760 feet (⅓ of a mile) of the landfill not less than once per week (or more often if needed) to ensure a neat and orderly appearance of the public rights-of-way.

i.

Scavenging is prohibited at any CDD Landfill.

j.

In addition to all other materials required by other provisions of this Ordinance or the City Code, the following materials must be submitted by the applicant as part of the Use Permit application process for a CDD Landfill:

i.

A conceptual plan of the design and layout of the site demonstrating compliance with the design standards above.

ii.

Conceptual elevations of any proposed building demonstrating compliance with the requirements above.

iii.

A Traffic Impact Analysis in accordance with Sec. 40.2.545 of this Ordinance, and including a Truck Routing Plan.

iv.

An analysis of the structural capacity of the road network serving the landfill, identifying any deficiencies and improvements necessary to accommodate the facility. This analysis shall be of sufficient scope and detail as determined by the City Engineer.

v.

A detailed assessment of the proposed design capacity of the landfill in relationship to the overall solid waste system in the region, including, but not limited to, the anticipated volumes of solid waste (including average daily volume and maximum daily volume), anticipated sources of waste (i.e. municipal, commercial, industrial, etc.), and the relationship to other facilities in the vicinity and region.

vi.

An Operation Plan demonstrating compliance with the operational requirements listed above.

vii.

Other information as required by the City of Portsmouth that is appropriate to the evaluation of the proposed landfill.

(iv)

Emergency Provisions. Deviations from the requirements above and any conditions attached to the approval of the Use Permit may be necessary during times of emergencies, as determined by the City Manager, provided they do not jeopardize public health and safety and all requirements are met upon return to normal operations. Any deviation of the standards or requirements shall be established for a specific period of time (which may be extended by the City Manager) and shall be subject to any conditions established by the City Manager.

(b)

Energy Recovery Plant; Waste Composting Energy Recovery Plants, Hazardous Waste Collection Sites, Incinerators, and Waste Composting. In addition to general requirements, energy recovery plants, waste composting energy recovery plants, hazardous waste collection sites, incinerators, and waste composting uses shall comply with the following standards:

(i)

The use shall be screened with a solid fence that is at least eight feet high in accordance with Sec. 40.2-304(F) Screening.

(ii)

The fence shall be set back at least 100 feet from any public right-of-way.

(iii)

The fence shall be set back at least 50 feet from any adjacent property.

(c)

Salvage Center. In addition to general requirements, a recycling center shall comply with the following standards:

(i)

The center shall be on a parcel with an area of at least five acres.

(ii)

The center shall be located at least 250 feet from any residential district, school, or day care.

(iii)

Except for a freestanding office, no part of the center shall be located within 50 feet of any lot line.

(iv)

All recycling activities and storage areas shall be effectively screened from view in accordance with Sec. 40.2-304(F) Screening.

(v)

In no case shall the height of recyclable or recovered materials, or nonrecyclable residue stored in outdoor areas exceed 20 feet or the height of the principal building on the lot, whichever is greater.

(vi)

Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground.

(vii)

There shall be no collection or storage of hazardous or biodegradable wastes on the site.

(viii)

Space shall be provided to park each commercial vehicle operated by the center.

(ix)

The site shall be maintained free of fluids, odors, litter, rubbish, and any other nonrecyclable materials.

(x)

The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present.

(xi)

Access to the center shall be from a collector or arterial street unless waived by City Council as part of the Use Permit approval.

(xii)

No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties.

(d)

Recycling Center. In addition to general requirements, a salvage center shall comply with the following standards:

(i)

The collection bin shall be located in or adjacent to an off-street parking area, and shall not occupy more than five percent of the total on-site parking spaces. The mobility of the collection bin shall be retained.

(ii)

The bin and adjacent area shall be maintained in good appearance and free from trash.

(iii)

Containers shall be equipped with a lid to prevent access to stored material by animals or vermin and to preclude stored paper from being scattered by the wind.

(iv)

There shall be no collection or storage of hazardous or biodegradable wastes on the site.

(v)

All collection areas shall be provided instructional signage indicating how materials are to be separated and stating any limitations on the types of materials accepted for recycling.

(vi)

The signage shall note the name and telephone number of the operator of the facility and the hours of operation.

(vii)

Access to the site shall be from a collector or arterial street.

(viii)

Four off-street parking spaces shall be provided adjacent to the collection area.

(ix)

The site shall be kept clean and free from litter and debris; weeds and rodents and other pests shall be controlled.

(x)

No burning, melting, or other reclamation shall be permitted.

(xi)

No materials shall be stored or deposited on the premises in such form or manner that they may be transferred off the premises by natural causes or forces.

(xii)

No storage of materials shall be allowed outside of the collection receptacles.

(e)

Junkyard Facility. In addition to general requirements, a junkyard facility shall comply with the following standards:

(i)

The facility shall be located on a parcel with an area of at least three acres.

(ii)

The facility shall be not located within 50 feet of any lot line (except for a freestanding office).

(iii)

The facility shall be screened no less than eight feet in height in accordance with Sec. 40.2-304(F) Screening.

(iv)

The height of materials and equipment stored shall not exceed the height of the required screening.

(f)

Solar Energy System.

(i)

Purpose. The purpose of this subsection is to provide for the siting, development, and decommissioning of larger scale solar energy projects in Portsmouth, subject to reasonable conditions that promote and protect the public health, safety, and welfare of the community while promoting development of renewable energy resources in accordance with the Code of Virginia § 67-103.

(ii)

Standards. In addition to meeting general requirements, a solar energy system may be permitted as a principal use provided that the following standards are met:

a.

Solar energy systems shall minimize impacts on the visual character of the adjacent areas.

b.

All onsite transmission or power lines shall be placed underground.

c.

Warning and educational signage shall be placed on solar equipment to the extent appropriate.

d.

Solar energy systems should be set back in compliance with the setback requirements of the zoning district.

e.

In order to permit equipment to be installed adjacent to existing nonconforming electric meters, solar energy equipment (excluding solar panels or collectors) may project into side and rear setbacks no closer than two feet from any lot line.

f.

Solar energy systems shall comply with the City Code Sec. 24-255 Unlawful Excessive Sound.

g.

All ground level equipment shall be screened from all off site views in accordance with Sec. 40.2-304 Landscaping and Screening.

h.

The design and installation of solar energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Virginia Statewide Uniform Building Code and with all other applicable fire and life safety requirements.

(iii)

Decommissioning.

a.

Any solar energy system found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months.

b.

Any solar energy system that is not operated for a continuous period of 24 months shall be considered abandoned, and the system shall be removed within 90 days of receipt of notice from the locality instructing removal.

c.

Prior to installation of a solar energy system:

i.

The applicant and property owner (if different from the applicant) must enter into an agreement with the City regarding decommissioning that complies with the requirements of Virginia Code §15.2-2241.2(B); and

ii.

The applicant must provide financial assurance to the City in an amount not less than the cost of decommissioning, as estimated in accordance with Virginia Code §15.2-2241.2(B).

(g)

Transfer Station. In addition to general requirements and the standards contained in Sec. 40.2-533 Use Permits, any Use Permit requested shall be approved only if the applicant has demonstrated that all of the following additional requirements are met, unless they are specifically waived or modified through the Use Permit process approved by City Council:

(i)

Location and Siting Requirements.

a.

Transfer stations shall be located so that truck traffic arriving at or departing from the station can access an arterial street without need for travel upon a public street within or adjacent to:

i.

Any public park;

ii.

Public recreational area;

iii.

Recreational facility; or

iv.

Any residentially zoned area as identified in Table 40.2-201 Zoning Districts Established.

b.

Transfer stations and expansions of such stations shall not be located within or encroach into any 100-year floodplain.

c.

The minimum area of a parcel proposed for development as a transfer station is four acres.

d.

No building or area in which the unloading, storage, processing, or transfer of waste or recyclable materials takes place shall be located within:

i.

Fifty feet of the lot line on which the waste transfer station is located; or

ii.

Two hundred feet of a lot line of residentially zoned property as identified in Table 40.2-201, Zoning Districts Established; or

iii.

Two hundred feet of a lot line of any Educational facility, Health Care facility or religious institution.

e.

All transfer stations shall comply with the requirements of the Virginia Department of Environmental Quality (DEQ) and maintain valid permits throughout all phases of operation and closure of the facility.

(ii)

Design Requirements.

a.

All activities associated with waste transfer, including tipping, sorting, storage, compaction, transfer, reloading, and related activities shall be conducted in a fully enclosed building.

b.

No outdoor storage of materials or equipment shall be permitted.

c.

Appropriate enclosed office and plumbed employee restroom facilities shall be provided on-site.

d.

The facility shall be designed with sufficient off-street parking and stacking areas to accommodate all employees, visitors, and trucks.

e.

Public streets shall not be utilized at any time for parking, stacking, or storage of employee vehicles, visitor vehicles, or trucks.

f.

The facility shall be designed with sufficient drive aisles and parking areas to avoid potential conflicts between facility operations by trucks and passenger vehicles (e.g., for household waste), and the use of emergency access ways and fire lanes.

g.

The off-site road surface design shall be suitable for heavy vehicles and the road base shall be capable of withstanding all expected loads.

h.

On-site roads shall be passable by loaded collection and transfer vehicles in all weather conditions.

i.

The on-site road system shall be designed to eliminate the need for the backing of truck traffic.

j.

The unloading area shall be adequate in size and design to facilitate efficient unloading from the collection vehicles and the unobstructed movement of vehicles.

k.

The unloading and loading pavement areas shall be constructed of concrete or asphalt paving material and a collection and disposal system shall be maintained that will prevent liquids contained in waste materials and generated by normal operations such as washout and cleaning of equipment, trucks, and floors ("waste liquids"), from contaminating the soil, surface water, or ground water.

l.

Drains shall be connected to either the sanitary sewer system, if permitted by the service provider, or a corrosion-resistant holding tank.

m.

Alternate designs may be used with prior written approval of the City if the applicant can show that the alternate design will prevent waste liquids from contaminating the soil, surface water, and ground water.

n.

Provisions shall be made for weighing or measuring all solid waste transferred to the facility.

o.

Sufficient internal storage areas shall be provided for incoming solid waste.

p.

The transfer station design shall include screening in accordance with Sec. 40.2-304(F), Screening including an eight foot perimeter fence interrupted only by necessary access and maintenance gates.

q.

Fencing shall be constructed of brick, block, stone, wood, vinyl or other materials of similar aesthetic characteristics and quality. Use of split-face style cinder block shall be permitted if of a neutral earth-tone color (no untextured, common gray cinder block will be permitted).

r.

Gates shall be designed in a manner to balance the aesthetic compatibility of the station fencing materials with station security.

s.

Colored metal or wrought iron gates designed to substantially reduce public views into the station are encouraged.

t.

Use of chain link materials for gates is prohibited.

u.

Facility layout, building materials, and building design shall, to the greatest extent possible, be planned to present an aesthetically attractive appearance from off-site locations when viewed through gated openings that will remain open during daylight or business hours.

v.

The use of chain link fencing within the station shall be limited to areas not visible from any public right-of-way.

w.

The use of barbed wire or electric fencing shall be prohibited.

x.

The facility shall be surrounded by a buffer yard that includes an eight foot perimeter fence and is composed of not less than Type C plant units as identified in Sec. 40.2-304 Landscaping and Screening.

y.

The Zoning Administrator shall be authorized to modify or waive the landscaping requirements where the facility is not visible from a public right-of-way or from privately owned property.

(iii)

Operational Requirements.

a.

Only household waste, commercial, and industrial waste and recyclable materials shall be accepted at any transfer station.

b.

No wastes classified as hazardous in accordance with United States Public Law 96-510, as amended, shall be knowingly accepted.

c.

The operator shall employ a plan for proper identification, control, and disposal of hazardous wastes received by the waste transfer station.

d.

No asbestos waste shall be knowingly accepted at a transfer station facility.

e.

The operator shall employ a plan for proper identification, control, and disposal of hazardous and asbestos wastes.

f.

All activities associated with processing, such as tipping, sorting, storage, compaction, transfer, reloading, and related activities shall be conducted in a fully enclosed building.

g.

Operating hours shall be limited to 7:00 a.m. to 8:00 p.m. Monday through Saturday.

h.

Adequate storage space for all waste shall be available at the transfer station in a fully enclosed building.

i.

No external storage of wastes shall be permitted.

j.

Solid wastes shall not remain at the transfer station for more than 72 hours.

k.

Any solid waste that is to be kept overnight at the station shall be stored in an impervious enclosed structure.

l.

Trucks or vehicles shall not be parked or stored overnight at the transfer station unless screened in a manner that will substantially prevent view of stored vehicles from public rights-of-way.

m.

Any vehicle maintenance services shall be a secondary and subordinate use of the site and shall be limited to maintenance of vehicles associated with trash delivery and transfer at the waste transfer station.

n.

Junked or inoperable vehicles shall not be stored at the waste transfer station.

o.

Emergency access ways and fire lanes shall be maintained at all times in an unobstructed and fully accessible condition.

p.

The operation of the transfer station and the storage and handling of all solid waste shall be undertaken so as to prevent the attraction, harborage or breeding of wildlife or insects, rodents, and other vectors (e.g., flies, maggots, roaches, rats, mice, and similar vermin) and to eliminate conditions which cause or may potentially cause harm to the public health and the environment, congregation of birds, safety hazards to individuals and surrounding property; and excessive odor problems, unsightliness, and other nuisances.

q.

Transfer stations shall be maintained in a neat and orderly appearance at all times through the control of uncontained waste, trash, and litter.

r.

Operators shall cause periodic policing not less than once every day (or more often as needed) of the entire waste transfer station.

s.

Operators shall also cause periodic off-site policing and clean-up of waste, trash, and litter along all public rights-of-way described in the Truck Routing Plan within 1,760 feet (⅓ of a mile) of the station not less than three times per week (or more often if needed) to ensure a neat and orderly appearance of the public rights-of-way.

t.

Sanitary conditions shall be maintained through the periodic wash-down or other appropriate cleaning method of the transfer station and transfer vehicles.

u.

Frequency of cleaning shall be sufficient to prevent odors and other nuisance conditions from developing.

v.

All residuals shall be properly disposed of following cleaning operations,

w.

No liquids, other than those used to disinfect, to suppress dust, or to absorb or cover odors from the solid waste, shall be added to the solid waste.

x.

Open burning is prohibited on any transfer station site.

y.

Scavenging is prohibited at any transfer station.

(iv)

Permit Application. In addition to all other materials required by other provisions of this Ordinance or the City Code, the following materials must be submitted by the applicant as part of the Use Permit application process for a Transfer Station:

a.

A conceptual plan of the design and layout of the site demonstrating compliance with the design standards above.

b.

Conceptual elevations of the proposed building demonstrating compliance with the requirements above.

c.

A Traffic Impact Analysis (TIA) in accordance with Sec. 40.2.545 of this Ordinance, and including a Truck Routing Plan.

d.

An analysis of the structural capacity of the road network serving the transfer station, identifying any deficiencies and improvements necessary to accommodate the transfer station. This analysis shall be of sufficient scope and detail as determined by the City Engineer.

e.

A detailed assessment of the proposed design capacity of the transfer station in relationship to the overall solid waste system in the region, including, but not limited to, the anticipated volumes of solid waste (including average daily volume and maximum daily volume), anticipated sources of waste (i.e. municipal, commercial, industrial, etc.), and the relationship to other transfer stations in the vicinity and region.

f.

An Operation Plan demonstrating compliance with the operational requirements listed above.

g.

Other information as required by the City of Portsmouth that is appropriate to the evaluation of the proposed transfer station.

(v)

Emergency Provisions. Deviations from the requirements above and any conditions attached to the approval of the Use Permit may be necessary during times of emergencies, as determined by the City Manager, provided they do not jeopardize public health and safety and all requirements are met upon return to normal operations. Any deviation of the standards or requirements shall be established for a specific period of time (which may be extended by the City Manager) and shall be subject to any conditions established by the City Manager.

(vi)

Violation Abatement Fund.

a.

As a condition of commencing operation of a transfer station to be operated by any entity other than the City of Portsmouth, the operator shall maintain at all times a cash deposit with the City of Portsmouth in an amount determined at the time of application according to a then-current resolution of the City Council establishing the minimum deposit. In the absence of such a resolution, the minimum amount shall be $2,000.00. This fund shall be known as the "Abatement Fund."

b.

The Abatement Fund shall assure the prompt and complete performance of the operator with requirements imposed by this Ordinance and any additional conditions of the Use Permit, and, in particular, the requirement to maintain the use and the truck routes described in any required Truck Routing Plan within 1,760 feet of the use in a neat and orderly appearance.

c.

The City of Portsmouth shall be authorized at its discretion to draw upon and use all or any portion of the Abatement Fund in order to remedy a violation, pursuant to the following procedures:

i.

The City shall first issue a written notice of violation to the operator or supervisor of the use. Such notice shall provide the specific conditions existing that are deemed in violation of the requirements of this Ordinance or the conditions of approval of the use.

ii.

Except in cases where the City Manager or the City Manager's designee determines that the violation presents an imminent threat to public health or safety, the City shall provide 24 hours from the delivery of notice (or such longer period as may be determined appropriate by the City Manager or the City Manager's designee) to remedy the cited violation.

iii.

If the cited violation is not remedied within the time specified by the notice, or if the City Manager or the City Manager's designee determines that the violation presents an imminent threat to public health or safety, the City may (but is not obligated to) take action to remedy the violation, and the City shall be authorized to apply all or any part of the Abatement Fund to the cost of same.

iv.

If the cost to the City of remedying the violation exceeds the then-current balance of the Abatement Fund, then in addition to replenishing the Abatement Fund as provided in (e) below, the operator shall reimburse the City its costs (to the extent not reimbursed from the Abatement Fund) within 14 days after the City provides notice and documentation. Failure to maintain the required minimum balance shall constitute cause for City Council to revoke the Use Permit.

d.

The Abatement Fund shall be maintained in an account determined by the City. Interest, if any, earned on such Abatement Fund deposit shall accrue to such account or fund for use in the same manner and purpose as the Abatement Fund.

e.

At all times the operator shall maintain a balance in the Abatement Fund of not less than the greater of $2,000.00 or the minimum amount established by City Council from time to time in accordance with subsection a hereof. In the event the City draws Abatement Funds in accordance with subsection c, then within 14 days after the operator receives notice of the City's draw the operator shall replenish the Abatement Fund as necessary to achieve the minimum balance. Failure to maintain the required minimum balance shall constitute cause for City Council to revoke the Use Permit.

f.

At such time as an operator ceases or abandons the transfer station use, the operator may request release of the Abatement Fund. Provided that the Abatement Fund shall only be released upon demonstration to the City's satisfaction that the transfer station use has ceased and that there is no outstanding violation that would entitle the City to draw Abatement Funds, and provided further that the transfer station use shall not be re-commenced under the existing use permit unless and until the operator has replenished the Abatement Fund.

g.

Nothing in this section shall prevent or preclude the City from pursuing any other remedy or right to enforcement or abatement of violations or nuisances resulting from the operation of a transfer station.

(h)

Wind Energy Systems.

(i)

Purpose. The purpose of this subsection is to provide for the siting, development, and decommissioning of larger wind energy systems in Portsmouth, subject to reasonable conditions that promote and protect the public health, safety, and welfare of the community while promoting development of renewable energy resources in accordance with the Code of Virginia §67-103.

(ii)

Standards. In addition to meeting general requirements, a wind energy system be permitted as a principal use provided that the following standards are met:

a.

Wind energy systems shall minimize impacts on the visual character of the adjacent areas.

b.

Wind turbines shall be illuminated in accordance with the requirements of the Federal Aviation Administration (FAA) and shall have no additional lighting.

c.

Wind turbines shall comply with City Code Sec. 24-255 Unlawful Excessive Sound.

d.

Freestanding wind turbines shall be set back from all lot lines a distance equal to the height of the turbine plus three feet.

e.

The micro wind turbine height is the distance measured from grade to the highest point of the turbine rotor or tip of the turbine blade when it reaches its highest elevation.

f.

The setback shall be measured from the edge of the wind turbine tower base to the lot line.

g.

All other components of the wind energy systems shall be set back in compliance with the setback requirements of the zoning district.

h.

The design and installation of wind energy systems shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or other similar certifying organizations, and shall comply with the Virginia Statewide Uniform Building Code, the FAA, and with all other applicable fire and life safety requirements. The manufacturer specifications shall be submitted as part of the application.

(iii)

Decommissioning.

a.

Any wind energy system found to be unsafe by the Building Official shall be repaired by the owner to meet federal, state, and local safety standards or removed within six months.

b.

Any wind energy system that is not operated for a continuous period of 24 months shall be considered abandoned, and the system shall be removed the wind energy project within 90 days of receipt of notice from the locality instructing removal.

(I)

Accessory Uses.

(1)

Purpose.

(a)

This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses.

(b)

The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section.

(2)

General Standards and Limitations.

(a)

All accessory uses and accessory structures shall conform to the applicable requirements of this Ordinance, including the district standards in Article II Zoning Districts, and the accessory use-specific standards in Sec. 40.2-217 Use-Specific Standards, and the development standards in Article III Development Standards.

(b)

The provisions of this section establish additional standards and restrictions for particular accessory uses and structures.

(c)

Unless otherwise specified in this section or in Sec. 40.2-216 Use Table, any accessory use or accessory structure shall be treated as a permitted use in the zoning district in which it is located.

(d)

An accessory use or structure may be approved in conjunction with approval of the principal use or structure or may be approved separately through issuance of a Zoning Permit.

(e)

"Little libraries" or "little food pantries" on private property outside of the sight triangle shall not be subject to zoning permit approval. "Little libraries" or "little food pantries" in the right-of-way require approval from the City Engineer.

(f)

All accessory uses and accessory structures shall meet the following standards:

(i)

Directly serve the principal use or structure;

(ii)

Be customarily accessory and clearly incidental and subordinate to the principal use and structure;

(iii)

Be subordinate in area, extent, and purpose to the principal use or structure;

(iv)

Be owned or operated by the same person as the principal use or structure;

(v)

Be located on the same lot as the principal use or structure;

(vi)

Together with the principal use or structure, not violate any standards of this Ordinance;

(vii)

Not be constructed or established prior to the principal use.

(g)

Location.

(i)

With the exception of those listed in Sec. 40.2-218(A)(5) Allowable Yard Encroachments, all accessory structures shall comply with the minimum setback and spacing standards applicable to accessory structures in the zoning district where the structure is located (See Sec. 40.2-218(G)).

(ii)

No accessory structure shall be located within any platted or recorded easement or over any known utility without written permission from the easement holder.

(h)

Maximum Height. Unless otherwise specified in this Ordinance, all accessory structures shall comply with the maximum height standards applicable to accessory structures in the zoning district where the structure is located (Sec. 40.2-218(G)) and as modified by the following:

(i)

Accessory structures 20 feet or more in height shall meet the minimum yard requirements for principal uses.

(ii)

An accessory structure shall not exceed the height of the existing principal structure(s) unless expressly permitted by this Ordinance.

(i)

Lot Coverage. The total area occupied by all accessory structures shall not exceed the maximum lot coverage standard applicable to accessory structures in the zoning district where the structure is located (Sec. 40.2-218(G)).

(3)

Specific Standards for Certain Accessory Uses.

(a)

Accessory Building or Structure.

(i)

Garages/Carports. In addition to general requirements, detached garages and/or detached carports shall be permitted as an accessory to a principal use provided that the following standards are met:

a.

The height of a detached garage or carport shall not exceed the height of the principal structure on the same lot.

b.

Detached or attached carports may be located in front of the front façade of the principal structure but shall not be more than 18 feet from the front setback of the principal structure.

(b)

Accessory Dwelling Units. In addition to general requirements, accessory dwelling units shall be permitted as an accessory use to a principal use provided that the following standards are met:

(i)

Accessory dwelling units are only permitted on lots with single-family detached dwellings.

(ii)

Accessory dwelling units are not permitted on lots with multi-family, townhouses, two-family, or three- to four-family dwellings.

(iii)

Not more than one accessory dwelling unit per lot is permitted.