(A)

General Provision.

(1)

The provisions of Article III Community Development Standards specify the nature, components, and use of development regulations and establish general requirements regarding the physical character and intensity of development.

(2)

All uses developed in any zoning district shall be designed as to be consistent with the standards set forth within this article.

(B)

Review for Compliance. Review of proposed development to ensure compliance with the standards of this article shall occur at time of submission for review of Site Plan (Sec. 40.2-540), Subdivision Plat (Ch. 33.1 of the City Code), or Zoning Permit (Sec. 40.2-530), whichever occurs first.

(C)

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

(A)

Purpose and Intent.

(1)

The purpose of this section is to ensure provision of off-street parking and loading facilities in proportion to the generalized parking, loading, and transportation demand of the different uses allowed by this Ordinance.

(2)

The standards in this section are intended to provide for adequate off-street parking while allowing the flexibility needed to accommodate alternative solutions.

(3)

The standards are also intended to achieve City policies of supporting development and redevelopment of commercial corridors and downtown areas.

(4)

The standards are proposed to accommodate appropriate infill development and encourage pedestrian-oriented development, while avoiding excessive paved surface areas, promoting low impact development, and safeguarding historic resources.

(B)

Applicability.

(1)

Except where exempted by Sec. 40.2-301(B)(4) and Sec. 40.2-301(E)(3), the off-street parking, loading, and circulation standards of this section shall apply to all new development in the city.

(2)

All vehicular parking areas, stacking areas, methods of vehicular ingress and egress, internal aisles, and loading spaces required by this section may be referred to as "vehicular use areas" as well as off-street parking areas.

(3)

This section does not apply to bicycle parking spaces except as specified in Table 40.2-301(1).

(4)

Exceptions in the Downtown (D1) District:

(a)

No off-street parking or loading facility shall be required for those properties zoned D1 T4, D1 T5 or D1 T6 and which are located downtown, north of Interstate 264.

(b)

Where parking or loading is provided, parking shall be designed in accordance with the requirements of this section of the Ordinance, with the exception of Sec. 40.2-301(D) and Sec. 40.2-301(E).

(c)

Parking in the D1 T3, D1 T5, D1 SD, and D1 T4 district south of Interstate 264 district shall be in accordance with the number of spaces required in Table 40.2-301(1).

(C)

General Standards.

(1)

Commercial and Industrial Zoning Districts.

(a)

In commercial and industrial districts, a vehicular use area or off-street parking area shall be used solely for the parking of licensed motorized vehicles in operating condition.

(b)

Required spaces may not be used for the display of goods for sale or lease or storage of vehicles, boats, motor homes, campers, mobile homes, or building materials.

(2)

Residential Zoning Districts.

(a)

In residential districts, in addition to the standard driveway parking spaces provided in conjunction with any single-family dwelling, up to one additional off-street parking space may be provided for a commercial vehicle on a single-family lot in accordance with Sec. 40.2-217(I)(3)(m) Storage or Parking of Heavy Trucks, Trailers, Major Recreational Equipment, or Mobile Homes.

(b)

Except where expressly authorized in this Ordinance, parking on unimproved surfaces in residential districts is prohibited.

(3)

Off-Street Parking.

(a)

Off-street parking areas of four or more spaces and off-street loading areas shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisles and other circulation features.

(b)

Off-street parking is prohibited on grass and other unimproved surfaces.

(4)

Surfacing.

(a)

All off-street parking and loading areas shall be surfaced with asphalt, concrete, brick, stone pavers, aligned concrete strips, or an equivalent material.

(b)

Development in the Industrial (IN) zoning district may use crushed stone or a comparable alternative surfacing material.

(c)

In cases where alternative surfacing materials are allowed, the surfaces shall be maintained in a smooth, well-graded, and dust-free condition.

(5)

Arrangement.

(a)

Off-street parking and loading areas shall be arranged for convenient access and safety of pedestrians and vehicles.

(b)

Off-street parking areas with four or more spaces shall be arranged so no parking or maneuvering incidental to parking shall occur on a public street or sidewalk, and a vehicle may be parked or un-parked without moving another vehicle (except as provided in Sec. 40.2-301(M)(6) Tandem Parking).

(c)

Except for parking areas serving single-family detached, townhouse, and two-family dwellings, all off-street parking and loading areas shall be arranged so that no vehicle is required to back from such areas directly onto a street.

(6)

Exterior Lighting. When lighted, off-street parking and loading areas shall be lighted so as to prevent glare or illumination exceeding maximum allowable levels on adjacent land (See Table 40.2-306 Maximum Illumination Levels), and unless exempted, shall comply with the standards of Sec. 40.2-306 Exterior Lighting.

(7)

Landscaping. Except for off-street parking areas serving single-family detached and two-family dwellings, off-street parking and loading areas shall comply with the standards of Sec. 40.2-304(D) Vehicular Use Area Landscaping.

(8)

Maintained in Good Repair.

(a)

All off-street parking, loading, and circulation areas shall be maintained in a safe condition and good repair at all times so as not to constitute a hazard to public safety or a visual or aesthetic nuisance to surrounding land.

(b)

All off-street parking, loading, and circulation areas shall be periodically painted or otherwise restored to maintain a clear identification of separate parking stalls or loading areas.

(9)

Markings.

(a)

Each required off-street parking space and off-street parking facility must be identified by surface markings and must be maintained in a manner so as to be readily visible and accessible at all times.

(b)

Such markings must be arranged to provide for orderly and safe loading, unloading, parking, and storage of vehicles.

(c)

Markings required to be maintained in a highly visible condition include striping, directional arrows, and lettering on signs and in handicapped-designated areas.

(d)

One-way accesses into required parking facilities must be identified by directional arrows.

(e)

Any two-way access located at any angle other than 90 degrees to a street must be marked with a traffic separation stripe the length of the access. This requirement does not apply to aisles.

(10)

Placement. The location or placement of off-street parking areas on a development site shall be limited in accordance with the standards of this section, Sec. 40.2-217(D)(1)(d) Multi-Family Use-Standards and Sec. 40.2-217(F) Commercial Use-Standards, as appropriate.

(11)

Minimum Separation.

(a)

All off-street parking areas shall be separated at least seven feet from buildings in order to allow room for sidewalks, landscaping, and other plantings between the building and the parking area.

(b)

In the event foundation plantings are required in accordance with Sec. 40.2-304(G), Site Landscaping, additional minimum separation may be needed to maintain a minimum five-foot-wide-pedestrian clear zone along with the minimum area needed for landscaping.

(c)

This separation may be eliminated to the rear of buildings in areas designed for unloading and loading of materials.

(12)

Completion.

(a)

All off-street parking, loading, and circulation areas shall be completed prior to the issuance of a Certificate of Occupancy (CO) for the development they serve.

(b)

In the case of phased development, off-street parking, loading, and circulation areas should only be provided for portions of the development with development plan or subdivision approval.

(D)

Calculation of Required Off-Street Parking Spaces.

(1)

Fractions. When computation of the number of required parking spaces results in a fraction, the result shall be rounded upward to the next highest whole number.

(2)

Multiple Uses or Mixed-Use Development. Unless otherwise approved, development containing more than one use must provide off-street parking in an amount equal to the total requirements of all individual uses. This does not apply to multi-tenant retail centers.

(3)

Seat-Based Standards. Except as otherwise provided in this section, where the minimum number of off-street parking spaces is based on the number of seats, all computations shall be based on the design capacity of the areas used for seating.

(4)

Floor-Area Based Standards. Where the minimum number of off-street parking spaces is based on square feet of floor area, all computations shall be based on gross floor area.

(5)

Occupancy- or Capacity-Based Standards. Except as otherwise provided in this section, where the minimum number of off-street parking spaces required is based on the number of employees, students, or residents, all computations shall be based on the largest number of persons working on any single shift (for employees), maximum enrollment (for students), or the maximum fire-rated capacity (for residents), whichever is applicable.

(6)

Driveways Used to Satisfy Requirements.

(a)

For single-family detached, townhouse, and two-family dwellings driveways may be used to satisfy minimum off-street parking standards, provided sufficient space is available to satisfy the standards of this section and this Ordinance.

(b)

Driveway space in the right-of-way cannot be used to satisfy this requirement.

(E)

Off-Street Parking.

(1)

Parking Plan Required.

(a)

Uses with four or more parking spaces or equivalent area shall submit a parking plan as appropriate.

(b)

The parking plan shall be drawn to scale, and accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the development of the facilities they are designed to serve.

(c)

Off-street parking areas of four or more spaces and off-street loading areas shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces from aisles and other circulation features.

(2)

Minimum Number of Off-Street Parking Spaces Required. Unless otherwise expressly stated in this section, the minimum number of off-street parking spaces shall be provided in accordance with Table 40.2-301(1) Minimum Off-Street Parking Standards.

TABLE 40.2-301(1): MINIMUM OFF-STREET PARKING STANDARDS

Table 40.2-301(2) Minimum Parking Requirements for Public and Private Park Activities, sets out the space requirements for public and private park activities as established by this Ordinance.

TABLE 40.2-301(2): MINIMUM PARKING REQUIREMENTS FOR PUBLIC AND PRIVATE PARK ACTIVITIES

(3)

Exclusions to Parking Requirements. The following areas shall be excluded from the calculation of parking requirements established in Table 40.2-301(1) Minimum Off-Street Parking Standards.

(a)

Indoor areas used for vehicle storage or display.

(b)

Outdoor storage, display, or sales areas, unless otherwise specified.

(c)

Service bays for vehicles, including repair, painting, fueling, washing, and detailing.

(d)

Animal kennel cage space, indoor and outdoor.

(4)

Exceptions to Parking Requirements.

(a)

Existing Development.

(i)

Change in Use. Where there is any change of use of an existing development, on-site surface parking shall comply with Sec. 40.2-301(E) Off-Street Parking, except as follows:

a.

No additional vehicle or bicycle parking spaces are required if the change in use would result in an increase of spaces of less than 25 percent. The percent increase is calculated by dividing the number of additional spaces required by the number of spaces required before the increase. If ten (10) or more additional spaces are required, this exception shall not apply.

b.

When two or fewer additional vehicle or bicycle parking spaces are required under this subsection as a result of a change in use, such additional parking is not required to be installed.

(b)

Expansion and Enlargement. Unless otherwise modified by Article V, the off-street parking, loading, landscaping and circulation standards of this section apply when an existing structure or use is expanded or enlarged, except as follows:

(i)

No additional vehicle or bicycle parking spaces are required if the expansion or enlargement would result in an increase of spaces of less than 25 percent. The percent increase is calculated by dividing the number of additional spaces required by the number of spaces required before the increase. If ten (10) or more additional spaces are required, this exception shall not apply.

(ii)

When two or fewer additional vehicle or bicycle parking spaces are required under this subsection as a result of an expansion or enlargement, such additional parking is not required to be installed.

(iii)

When an existing structure or use is expanded or enlarged by 25 percent or more of GFA, on-site surface parking must comply with Sec. 40.2-301(L) Dimensional Standards for Vehicle Parking Spaces and Aisles.

(c)

Reduction in Required Off-Street Parking.

(i)

The number of required off-street parking spaces may be reduced to preserve existing trees in accordance with Sec. 40.2-304(B) Landscaping and Screening.

(ii)

The number of required off-street parking spaces may be reduced as detailed in Sec. 40.2-310(A)(1)(a)(iv) Resilient Site and Building Bonuses.

(5)

Nonconforming Parking or Loading Facilities. Expansion or enlargement of an existing development on a site that does not comply with the standards of this section shall require a Special Exception approval by the Board of Zoning Appeals (BZA).

(6)

Multi-Tenant Retail Center Parking Requirements.

(a)

Parking requirements for multi-tenant retail centers are calculated based on the gross floor area total for all uses, rather than by individual uses.

(b)

The minimum required vehicle parking is one space per 500 square feet. The minimum required bicycle parking is one per 2,500 square feet. Loading requirements are per Sec. 40.2-302(D)(1) Number of Required Off-street Loading Berths.

(c)

Where a retail center also includes residential space, the residential parking requirements shall be additional, per Table 40.2-301(1).

(7)

Parking Requirements for Certain Elderly Housing. Multi-family that is designated as "housing for older persons" by the US Department of Housing and Urban Development under the Fair Housing Act is allowed a 20 percent reduction of the required parking in Table 40.2-301(1) Minimum Off-Street Parking Standards.

(8)

Uses with Variable Parking Demand Characteristics. Uses that reference this subsection in Table 40.2-301(1) Minimum Off-Street Parking Standards, have widely varying parking and loading demand characteristics, making it difficult to establish a single off-street parking or loading standard.

(a)

Zoning Administrator Decision. Upon receiving a development application for a use subject to this subsection, the Zoning Administrator shall apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use.

(b)

Parking Demand Study. Alternatively, an applicant may submit a parking and loading demand study to establish minimum off-street parking standards for approval.

(i)

Such a study shall include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Zoning Administrator, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use.

(ii)

Comparability will be determined by density, scale, bulk, area, type of activity, and location.

(iii)

The study shall document the source of data used to develop the recommendations.

(9)

Unlisted Uses. Upon receiving a development application for a use not expressly listed in this section:

(a)

Zoning Administrator Decision. The Zoning Administrator is authorized to apply the off-street parking standard in the listed use that is deemed most similar to the use, or establish the off-street parking requirements by reference to standard parking resources published by the Institute of Traffic Engineers (ITE).

(b)

Parking Demand Study. Alternatively, the Zoning Administrator may require the applicant to submit a parking and loading demand study that justifies estimates of parking demand based on the recommendations of the Institute of Traffic Engineers (ITE), and includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location.

(F)

Off-Street Parking Alternatives. The Zoning Administrator shall be authorized to approve, approve with conditions, or deny an Alternative Parking Plan that proposes alternatives to providing the number of required off-street parking spaces and/or the number of required bicycle spaces required by Table 40.2-301(1) Minimum Off-Street Parking Standards in accordance with the standards listed below. The Alternative Parking Plan shall be submitted as appropriate. Nothing in this subsection shall limit the utilization of one or more of the following off-street parking alternatives by a single use.

(1)

Parking Demand Study. In cases where development conditions require a deviation from the parking standards in Table 40.2-301(1), an applicant may submit an Alternative Parking Plan that includes a parking demand study for review and approval, approval with conditions, or denial by the Zoning Administrator. The Alternative Parking Plan shall:

(a)

Justify estimates of parking demand based on the recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Zoning Administrator;

(b)

Include relevant and reliable data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location; and

(c)

Document the source of data used to develop the recommendations.

(2)

Shared Parking. Shared parking is feasible when the same parking spaces can be used to serve two or more individual lands uses without conflict or encroachment.

(a)

Shared Parking Standards. Requests for shared parking shall comply with all of the following standards:

(i)

Shared parking spaces shall be located within 800 linear feet of the building served.

(ii)

Shared parking spaces shall not be separated from the use they serve by an arterial or collector road unless the shared parking area or parking structure is served by an improved pedestrian crossing.

(iii)

Adequate and safe pedestrian access must be provided from and to the shared parking areas.

(iv)

The maximum reduction in the total number of parking spaces required for the uses sharing the parking area shall be 50 percent of the total required parking for each individual use.

(v)

Directional signage that complies with the standards of this Ordinance shall be provided to direct the public to the shared parking spaces. It is preferable for the employees of an establishment to utilize these spaces.

(b)

Shared Parking Plan.

(i)

Those requesting to use shared parking as a means of satisfying the off-street parking standards must submit a shared parking plan as part of an Alternative Parking Plan that justifies the feasibility of shared parking.

(ii)

The shared parking plan shall include information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.

(iii)

A written agreement is required among all owners of record who are party to the shared parking.

(iv)

The shared parking plan portion of an Alternative Parking Plan shall be enforced through the written agreement among all owners of record.

(v)

A shared parking agreement may be revoked only if all required off-street parking spaces are provided in accordance with the requirements of Table 40.2-301(1), Minimum Off-Street Parking Standards.

(3)

Off-Site Parking. Requests to locate required off-street parking spaces on a separate lot from the lot on which principal uses are located, shall comply with all of the following standards.

(a)

Off-Site Parking Standards.

(i)

The off-site parking shall not be used to satisfy the off-street parking standards for residential uses (except for guest parking), convenience stores, or other convenience-oriented uses.

(ii)

Required parking spaces reserved for persons with disabilities may not be located off-site.

(iii)

No off-site parking space shall be located more than 800 feet from the principal entrance of the use served (measured along the shortest legal pedestrian route) unless a remote parking shuttle bus service is provided.

(iv)

Off-site parking spaces may not be separated from the use served by a street right-of-way with a width of more than 80 feet, unless a grade-separated pedestrian walkway is provided or other traffic control or a remote parking shuttle bus service is provided.

(v)

The zoning district classification of the off-site parking area is the same or a more intensive zoning classification than that required for the use served.

(b)

Off-Site Parking Plan.

(i)

Those requesting to use off-site parking as a means of satisfying the off-street parking standards must submit an off-site parking plan as part of an Alternative Parking Plan that justifies the feasibility of off-site parking.

(ii)

In the event that an off-site parking area is not under the same ownership as the principal use served, the off-site parking arrangement shall be established in a written agreement between the record owners.

(iii)

An off-site parking plan portion of an alternative parking plan shall be enforced through written agreement among all owners of record.

(4)

On-Street Parking. As approved by the City Engineer, the use of on-street parking to meet up to 50 percent of the minimum off-street parking requirements shall comply with the following standards.

(a)

On-Street Parking Standards.

(i)

Adequate on-street parking exists within 800 linear feet from the principal entrance of the proposed development;

(ii)

The developer plans on utilizing on-street parking; and

(iii)

There is no negative impact to existing or planned traffic circulation patterns or on-street parking demand.

(b)

On-Street Parking Plan. Those requesting to use on-street parking as a means of satisfying the off-street parking standards must submit an on-street parking plan as part of an Alternative Parking Plan that justifies the feasibility on-street parking.

(5)

Valet Parking. Valet parking may be submitted to the Zoning Administrative to meet a portion of the minimum number of parking spaces required for a development. Valet parking, if provided, shall comply with the following standards.

(a)

Valet Parking Standards.

(i)

Except for restaurants and hotels, no more than 35 percent of the total number of required parking spaces shall be designated for valet parking;

(ii)

For restaurants and hotels, no more than 50 percent of total number of required parking spaces shall be designated for valet parking.

(iii)

The development shall provide a designated drop-off and pick-up area that is:

a.

Not to be located in a fire lane or where its use would impede vehicular and/or pedestrian circulation;

b.

Not to be located in an area that would result in queuing in a public street or an internal drive aisle serving the development.

(b)

Valet Parking Plan.

(i)

Those requesting to use valet parking as a means of satisfying the off-street parking standards must submit a valet parking plan as part of an Alternative Parking Plan that justifies the feasibility of valet parking.

(ii)

Justification shall include information on where the valeted vehicles will be parked, pickup and drop-off location, and number of required parking spaces that will be met with valet parking.

(H)

Special Exception Parking Modification. The BZA may grant a Special Exception for a modification to the number, form, or nature of the parking requirements contained in Sec. 40.2-301 (Off-Street Parking, Loading, and Circulation) of this Ordinance, provided:

(a)

The applicant shall demonstrate that safe and convenient pedestrian access is provided from the designated use to an off-site parking facility or that transportation is available from an off-site parking facility to the premises;

(b)

The applicant shall demonstrate that off-site parking spaces to either supplement the on-site parking or meet the minimum parking requirement, or a combination of both, are available on a long-term basis of not less than 20 years;

(c)

A parking modification which was granted based on an off-site parking plan shall be void in the event that said off-site parking plan is terminated in whole or in part;

(d)

The applicant shall provide an adequate amount of parking to accommodate the anticipated demand for parking generated by the specified use;

(e)

The authorization of parking modifications shall be limited to the specified use or uses for which the Special Exception is requested. Any enlargement of a building or change in use or uses shall be subject to the parking requirement as specified in this Ordinance or as otherwise approved for increase or reduction as provided in this Ordinance; and

(f)

The applicant has demonstrated to the satisfaction of the City Engineer that any off-site or on-street parking requested would not have a negative impact on the surrounding neighborhood or to any existing or proposed parking program or parking district impacted by the request.

(G)

Off-Street Parking within Residential Districts.

(1)

Parking in Vehicular Use Area Required.

(a)

Commercial vehicles, whether parked or stored, shall be located in a vehicular use area.

(b)

For the purposes of this subsection, "vehicles" shall include, but not be limited to, passenger vehicles, all trucks under 20,000 pounds of gross vehicle weight (GVW), vans, golf carts, or other similar vehicles, whether operable or otherwise. Vehicles exceeding 20,000 pounds GVW are subject to the standards in Sec. 40.2-217(I)(3)(m) Storage or Parking of Heavy Trucks, Trailers, Major Recreational Equipment, or Mobile Home.

(2)

Maximum Area Available for Vehicular Use.

(a)

Vehicular use areas located within the front or corner side yard (as measured from the edge of the lot line to the closest portion of the building) shall be limited to the lesser of 33 percent of the entire front and/or corner side yard area, or 880 square feet.

(b)

For parcels with lot widths less than 50 feet, the vehicular use area shall be limited to the lesser of 50 percent of the entire front/or corner side area yard area (as measured from the edge of the lot line to the closest portion of the building), or 500 square feet.

(c)

Nothing in this subsection shall be construed to limit the size of the vehicular use area located beyond the setback line of a front or corner side yard area, nor does it apply to indoor parking.

(d)

This is not applicable to historic districts or any other district that has specific or special parking provisions.

(3)

Historic Residential (HR) District. Off-street parking in the front yards is prohibited except as normally exists in driveways.

(H)

Curbside Pickup Parking Requirements.

(1)

Curbside pickup refers to the pickup of goods from retail establishments and restaurants by customers and third parties.

(2)

Curbside pickup areas, if provided, shall comply with the following standards:

(a)

All curbside pickup spaces shall be delineated by appropriate signage as well as striping and labeling of the pavement.

(b)

Emergency access ways and fire lanes shall be maintained in an unobstructed and fully accessible condition at all times.

(c)

Fire lanes shall not be used for curbside pickup.

(d)

Curbside pickup areas shall not take priority over handicap accessible parking spaces and shall not be located closer to the accessible entrance of the building or buildings containing the use than the handicap accessible spaces.

(e)

Curbside pickup shall take place on improved, paved areas.

(f)

Curbside pickup areas shall be designed so that vehicles using or waiting to use the curbside pickup areas do not obstruct pedestrian and handicap movement within the parking areas, access aisles, and drive aisles.

(g)

Each curbside pickup space shall have adequate, unobstructed means for the ingress and egress of vehicles.

(h)

Curbside pickup spaces shall be configured to avoid the need for vehicles to back up within the street right-of-way.

(I)

Motorcycle Parking.

(1)

Parking for motorcycles, mopeds and motor-driven cycles may substitute for up to two spaces, or five percent of required vehicle parking, whichever is greater.

(2)

Motorcycle parking spaces shall be a minimum of four feet wide and eight feet deep, accessible by an aisle at least five feet wide.

(J)

Low-Emission Vehicles.

(1)

Spaces within parking lots and structures may include designated parking spaces for battery-electric vehicles, hybrid vehicles, and fuel cell vehicles.

(2)

Spaces reserved for low-emission vehicles count towards minimum parking space requirements.

(K)

Electric Vehicle Changing Stations Provisions.

(1)

Spaces within parking lots and structures may include designated parking spaces for electric vehicle charging.

(2)

Spaces reserved for electric vehicle charging count towards minimum parking space requirements.

(3)

Spaces Available for Public Use.

(a)

Where electric vehicle charging stations are available for public use, spaces reserved for electric vehicle charging count towards minimum parking space requirements at the rate of two per each space reserved for electric vehicle charging.

(b)

To be considered "available for public use," spaces reserved for electric vehicle charging shall be available and accessible to the public during all hours that the parking facility is open.

(L)

Accessible Parking Spaces for Physically Disabled Persons. Development required to provide off-street parking spaces shall ensure that a portion of the total number of required off-street parking spaces shall be specifically dimensioned, designated, located, and reserved for use by persons with physical disabilities, in accordance with the standards in the federal Americans with Disabilities Act (ADA).

(M)

Dimensional Standards for Vehicle Parking Spaces and Aisles.

(1)

Minimum Dimensional Standards. Car parking spaces and parking lot aisles shall comply with the minimum dimensional standards established in Table 40.2-301(3) Dimensional Standards for Vehicle Parking Spaces and Aisles. The following dimensional standards apply to vehicle parking spaces other than those provided per Sec. 40.2-301(K):

Table 40.2-301(3): DIMENSIONAL STANDARDS FOR PARKING SPACES AND AISLES

(2)

Compact Spaces. Up to 25 percent of all spaces may be reduced to compact spaces. All compact spaces must be clearly marked for "Compact Cars Only."

(3)

Vehicle Clearance. All off-street parking spaces must have a minimum overhead clearance of seven feet.

(4)

Vehicle Overhang. When a parking space abuts a public right-of-way, sidewalk, walkway, landscape area, or adjacent property, off-street parking and loading areas shall provide curbs, motor vehicle stops, or similar devices at a minimum distance of two feet as to prevent vehicles from overhanging.

(5)

Spaces Near Obstructions.

(a)

When the side of a parking space abuts a wall, column, or other structure that is taller than six inches, the width of the parking spaces shall be increased by two feet on the obstructed side. This does not apply to columns in a parking garage.

(b)

Columns, poles, bollards or similar, positioned at the front of a parking space, may protrude up to six inches into the required parking stall dimensions.

(c)

Columns, poles, bollards or similar, positioned at the front corner of a parking space, may protrude up to 12 inches along the front or side of the required parking stall dimensions.

(6)

Tandem Parking. Tandem parking is allowed for residential projects, including the residential component of mixed-use projects, when both tandem spaces are assigned to the same dwelling unit. Up to 75 percent of the total off-street parking spaces provided for residential projects may incorporate tandem parking.

(Ord. No. 2021-46, § 1(Exh. A), 6-22-2021; Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, §§ 21, 23, 24, 45, 46, 5-23-2023; Ord. No. 2023-123, § 1(Exh. A), 12-12-2023; Ord. No. 2025-33, § 3(Exh. A), 5-27-2025; Ord. No. 2025-58, § 3(Exh. A), 8-26-2025)

(A)

Vehicular Circulation.

(1)

Stacking Spaces for Drive-Through and Related Uses.

(a)

In addition to meeting the off-street parking standards in Table 40.2-301(1) Minimum Off-Street Parking Standards, uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service facility shall provide the minimum number of stacking/standing spaces established in Table 40.2-302(1) Required Stacking/Standing Spaces.

(b)

The entrance to any building with a bay (i.e. car wash, auto shop, etc.) shall be located to allow the required stacking/standing distance without encroaching on public right-of-way.

(c)

Stacking spaces shall be provided between the drive-through window and the menu board.

(d)

Additional stacking spaces shall be provided past the menu board to allow for stacking.

(e)

If two or more drive-through lanes are provided, then stacking/standing spaces required beyond the menu board may be divided by the number of available stacking lanes.

(2)

Design and Layout. Required stacking/standing spaces are subject to the following design and layout standards and the standards within Table 40.2-302(1) Required Stacking/Standing Spaces.

(a)

Size.

(i)

Stacking spaces shall be a minimum of eight feet by 20 feet in size.

(ii)

When more than one window is present, distance is measured from window where products are delivered.

(b)

Location. Stacking spaces shall not impede onsite or offsite traffic movements or movements into or out of off-street parking spaces.

TABLE 40.2-302(1): REQUIRED STACKING/STANDING SPACES

(3)

Stacking Lanes for Parking Lot Entrances. Nonresidential uses shall provide stacking areas for entering vehicles in accordance with the minimum stacking lane distance established in Table 40.2-303(2) Stacking Lanes for Parking Lot Entrances:

TABLE 40.2-302(2): STACKING LANES FOR PARKING LOT ENTRANCES

(4)

Design and Layout. Required stacking spaces are subject to the following design and layout standards.

(a)

Size Stacking spaces shall be a minimum of eight feet by 20 feet in size.

(b)

Location Stacking spaces shall not impede onsite or offsite traffic movements or movements into or out of off-street parking areas.

(c)

Design Stacking spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Zoning Administrator for traffic movement and safety.

(d)

Entrances into parking structures may be credited towards the stacking lane distance requirement provided the parking structure entrance is accessed from a development driveway and not a principal drive aisle.

(e)

Stacking lane distance is measured within the driveway apron from the right-of-way line along the centerline of the stacking lane to its intersection with the centerline of the adjacent drive aisle.

(B)

Drive-through Configuration.

(1)

Drive-throughs shall be located to the side or at the rear of the building so as not to compromise the quality of the pedestrian experience at the street edge.

(2)

A drive-through may be permitted on the front façade, provided the building is located 150 feet or more from the edge of the right-of-way.

(3)

Drive-throughs serving a building located on a corner lot shall be located to the rear or interior side.

(4)

In no instance shall the drive-through be located on the side of a building facing a street.

(5)

If covered, the roof over the drive-through shall be of a complementary architectural design as the design covering the principal portion of the structure.

(C)

Driveway Standards.

(1)

Any required parking area shall have direct access to a public or private street via a driveway.

(2)

Unless otherwise approved by the City Engineer or if a median that includes a pedestrian safe zone is present to allow for pedestrian connectivity, no driveway shall exceed 50 feet in width at the curbline or more than 35 feet at the lot line.

(3)

One-way driveways shall have a minimum width of 15 feet.

(4)

Two-way driveways shall be at least 24 feet wide.

(5)

For single-family, two-family, and townhouse dwellings, the driveway shall be a minimum of 9 feet wide by 18 feet deep.

(6)

Driveway aprons shall be constructed to current City standards and shall be provided between the curbline and the front lot line.

(7)

No driveway shall be located within 15 feet of a corner side lot line or closer than five feet from the end of a curb radius.

(8)

Lots with two or more driveways along the same street frontage shall provide at least 75 feet between driveways.

(9)

In no instance shall the number of driveways serving a single lot along a single street frontage exceed a maximum of four.

(10)

Medians may be provided within driveway entrances provided:

(a)

The median is surrounded curbing meeting City standards,

(b)

No signage is included within sight triangles;

(c)

Planted material within the median is limited to understory trees, shrubs, and ground cover to not block sight triangles and sight distance; and

(d)

The minimum aisle width is maintained for each travel and turning lane.

(D)

Loading Berth Standards.

(1)

The following uses shall provide on-site loading berths in accordance with the requirements in Table 40.2-302(3) Required Off-Street Loading Berths.

(a)

No property is required to provide more than three loading berths.

(2)

Buildings that were built prior to the adoption of this Ordinance and do not currently have any loading berths are exempt from off-street loading requirements.

(3)

Residential floor area within a mixed-use development is not included within the gross floor area (GFA).

TABLE 40.2-302(3): REQUIRED OFF-STREET LOADING BERTHS

(4)

Design of Off-Street Loading Berths Minimum Dimensions.

(a)

Each loading berth required by this subsection shall be at least 10 feet wide by 35 feet long (or deep), with at least 15 feet of overhead clearance.

(b)

Each off-street loading space shall have adequate, unobstructed means for the ingress and egress of vehicles.

(5)

Delineation of Loading Spaces. Each loading berth shall be delineated by signage and striping and labeling of the pavement.

(6)

Access to a Street.

(a)

Every loading berth shall be provided with safe and convenient access to a street, but in no case shall the loading space extend into the required aisle of the parking lot.

(b)

Off-street loading berths shall be configured to avoid the need for vehicles to back up within the street right-of-way.

(Ord. No. 2023-43, § 25, 5-23-2023)

(A)

Bicycle Parking. Bicycle parking is intended to primarily serve visitors, whose bicycles will be left for short stops, requiring a high degree of convenience.

(1)

The required amount of bicycle parking is shown in Table 40.2-301(1) Minimum Off-Street Parking and Bike Parking Standards.

(2)

No bicycle parking is required for any residential development in the Downtown (D1) district and for any commercial facility of less than 1,000 square feet.

(3)

For multi-family residential uses, long-term bicycle spaces and short-term bicycle spaces are required.

(a)

Long-term bicycle parking spaces are intended to primarily serve residents and employees whose bicycles will be left for longer periods of time and require a safe and weatherproof storage area.

(b)

Long-term bicycle parking shall be located in an enclosed, limited access area designed to protect bikes from precipitation and theft.

(c)

Short-term bicycle parking spaces are intended to primarily serve visitors, such as retail patrons, whose bicycles will be left for short stops, requiring a high degree of convenience.

(d)

Individual garages shall account for one long-term bicycle space.

(4)

All provided bicycle parking shall comply with the following standards:

(a)

At least 50 percent of the require bicycle parking shall be located as close as the closest vehicular parking space or within 50 feet of a publicly accessible entrance to the building or buildings containing the use or uses it serves, whichever is greater.

(b)

Bicyclists shall not be required to travel over stairs to access parking.

(c)

Access routes to bicycle parking areas must have a minimum five foot width, with an allowable constriction of no less than three feet for distances totaling no more than five feet.

(d)

Access and egress for bicycle parking in a parking structure shall not be via gated or ramped entrance/exit lane shared with motor vehicles.

(e)

Bicycle parking racks should be designed with at least two contact points for bicycle placement.

(Ord. No. 2023-43, § 22, 5-23-2023)

(A)

Purpose and Intent. It is the purpose of this section to promote and protect the public health, safety, and general welfare by providing for the planting, maintenance, and preservation of trees, shrubs, and other plants within the City. The intent of this section is to promote this purpose by:

(1)

Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs, and groundcover;

(2)

Ensuring the protection of community residents and visitors from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs, or other plants;

(3)

Mitigating against erosion;

(4)

Reducing audible noise from vehicles and land uses;

(5)

Increasing the tree canopy to provide shade and moderate the effect of urban heat islands;

(6)

Limiting glare created by exterior lighting;

(7)

Reducing visual pollution from the urban environment and increasing privacy between incompatible uses;

(8)

Protecting and enhancing property values and aesthetic qualities;

(9)

Helping to differentiate streets and other areas of the public realm from private lands;

(10)

Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and

(11)

Providing visual screening, where appropriate.

(B)

Types of Required Landscaping.

(1)

Vehicular Use Area Landscaping (Sec. 40.2-304(D))

(2)

Landscape Buffer (Sec. 40.2-304(E))

(3)

Screening (Sec. 40.2-304(F))

(4)

Site Landscaping (Sec. 40.2-304(G))

(C)

General Requirements.

(1)

Applicability.

(a)

Except as exempted by this section, these standards shall apply to all development and redevelopment in the City, including accessory structures that require a building permit.

(b)

Review for compliance with the standards of this section shall occur during review of a (Article V, Division IV) or Zoning Permit (Sec. 40.2-530), as appropriate.

(c)

Development within historic districts or development that has specific conditional zoning or a Use Permit shall comply with the standards in this section in addition to those that specifically apply to the parcel.

(2)

Landscape Plan.

(a)

To ensure compliance with the standards of this section, a landscape plan demonstrating how and where landscaping will be planted on a development site shall be included as a part of any Site Plan (Article V, Division IV), or Zoning Permit (Sec. 40.2-530), as appropriate.

(b)

A landscape plan shall be prepared by a Virginia Licensed Landscape Architect, Virginia Certified Landscape Designer, Certified Horticulturist, or Certified Arborist.

(c)

Single-family residential developments shall provide a plan showing compliance with the Tree Canopy Coverage requirements of this section. In addition, other landscaping regulations may also apply to single-family residential developments.

(3)

Planting Standards. Plantings provided in accordance with this section shall comply with the following standards:

(a)

Canopy Trees. Canopy or shade trees are deciduous and/or evergreen trees that have an expected height at maturity of 30 feet or more. Canopy tree plantings shall comply with the following standards:

(i)

Be a minimum of two inches in caliper at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2014, as amended; and

(ii)

Be a minimum of eight feet in height above ground level at the time of planting.

(b)

Understory Trees. Understory, small maturing, or ornamental trees are trees that have an expected height at maturity of no greater than 30 feet. Understory tree plantings shall comply with the following standards:

(i)

Have a caliper of one and one-half inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2014, as amended; and

(ii)

Be a minimum of six feet in height above ground level at the time of planting.

(c)

Shrubs. Shrubs are deciduous and/or evergreen woody plants, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. Shrub plantings shall comply with the following standards:

(i)

Be upright in nature; and

(ii)

Be a minimum of 24 inches in height at the time of planting.

(d)

Calculations. In cases where application of the requirements in this subsection result in a fraction in the number of shrubs or trees to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number.

(e)

Conformity and Quality.

(i)

All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1 2014, as amended).

(ii)

Plant material shall be of standard quality or better, true to name and type of species or variety.

(iii)

The use of native, drought tolerant vegetation is encouraged to reduce dependency upon irrigation.

(iv)

To curtail the spread of disease or insect infestation in a plant species, new tree plantings shall comply with the following standards:

a.

When 20 or fewer trees are required on a site, at least two different species shall be utilized, in roughly equal proportions.

b.

When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions.

c.

When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions.

d.

Nothing in this subsection shall be construed to prevent the utilization of a larger number of different species than specified above.

(4)

Existing Vegetation. Existing healthy, well-formed canopy trees, understory trees, and shrubs may be credited towards the requirements of this section, provided:

(a)

The vegetation meets the minimum size standards of this Ordinance;

(b)

The vegetation is protected before and during all phases of development of the site in accordance with Sec. 40.2-304(L) Tree Protection; and

(c)

The vegetation is maintained thereafter in a healthy growing condition.

(5)

Berms. All berms shall comply with the following design standards:

(a)

The slope of all berms shall not exceed a three-to-one ratio (horizontal to vertical).

(b)

All berms shall have a top width at least one-half the berm height.

(c)

All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation.

(d)

Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles.

(e)

The toe of slope of the berm may not extend onto the public right-of-way.

(f)

Berms shall in no case damage the roots or trunks of existing healthy vegetation designated to be preserved.

(6)

Easements.

(i)

Nothing except groundcover shall be planted or installed within any underground utility, drainage easement, gas easement, or within five feet of any underground utility line without the consent of the utility provider, easement holder, or the City, as appropriate.

(ii)

Understory trees may be used beneath overhead utilities where canopy trees are required, provided that three (3) understory trees are substituted for every one (1) canopy tree required.

(D)

Vehicular Use Area Landscaping.

(1)

Location. Except where exempted in subsection (2) below, all vehicular use areas shall include the following vehicular use area landscaping:

(a)

Interior vehicular use area landscaping within the interior of the vehicular use area; and

(b)

Perimeter vehicular use area landscaping strip around the perimeter of the vehicular use area.

(2)

Exemptions. The following uses shall be exempt from the requirements to provide vehicular use area landscaping. However, other landscaping regulations may apply to the development.

(a)

Single-family detached dwellings;

(b)

Two-family dwellings; and

(c)

Off-street surface vehicular use areas with three or fewer spaces.

(3)

Interior Vehicular Use Area Landscaping Standards. Except where exempted in subsection (a) below, all vehicular use areas shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with the standards in this subsection.

(a)

Exemptions. Interior vehicular use area landscaping shall not apply to the following. However, other landscaping regulations may apply to the development.

(i)

Parking structures; or

(ii)

Vehicle display areas.

(b)

Configuration. Interior vehicular use area landscaping shall be designed in accordance with the following standards:

(i)

Location.

a.

Interior vehicular use area landscaping shall be distributed throughout the parking area for the purpose of heat abatement.

b.

Interior vehicular use area landscaping shall be installed on a landscaping island, a driveway median, or a principal drive aisle median.

(ii)

Required Plantings. Each landscaping island or median shall contain the following:

a.

At least one canopy tree per every 153 square feet, or portion thereof, of the landscaping island or median; and

b.

Shrubs at a minimum rate necessary to ensure that at least 25 percent of the area of each landscaping island or median is planted with shrubs.

(iii)

Landscaping Islands. Interior vehicular use area landscaping shall be installed on a landscaping island in accordance with the following standards.

a.

Be located at both ends of parking bays.

b.

Be included at a minimum every 12 spaces within a single row of parking.

c.

Contain shrubs and trees in accordance with the standards in Sec. 40.2 304(D)(3)(b)(ii).

d.

Be a minimum size of 153 square feet for single loaded parking bays.

e.

Be a minimum size of 306 square feet for double loaded bays.

f.

No reduction in the size of landscaping islands is permitted.

(iv)

Driveway and Principal Drive Aisle Medians. Interior vehicular use area landscaping shall be installed on a driveway median and principal drive aisle median with the following standards:

a.

Be a minimum width of six feet; and

b.

Contain shrubs and trees in accordance with the standards in Sec. 40.2-304(D)(3)(b)(ii).

(v)

Off-Street Surface Parking Areas with 100 or more Spaces. Off-street surface parking areas with 100 or more parking spaces shall comply with the following standards.

a.

Be organized into a series of modules of 15,000 square feet or less per module; and

b.

Be visually separated by continuous landscaping islands containing pedestrian pathways located at least every six parking bays.

(c)

Protection of Interior Vehicular Use Area Landscaping.

(i)

All interior vehicular use area landscaping shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods.

(ii)

This standard shall not prohibit the use of planting areas as on-site stormwater management devices.

(4)

Perimeter Vehicular Use Area Landscaping Strip Standards. Perimeter vehicular use area landscaping strips shall be required where the vehicular use area abuts a public right-of-way, a railroad track, vacant property, or any other development other than another vehicular use area and shall comply with the following standards.

(a)

Location.

(i)

Perimeter vehicular use area landscaping strips shall be provided and maintained between the vehicle use area and the abutting right-of-way or lot line.

(ii)

Perimeter vehicular use area landscaping strips shall be located on the same land where the vehicular use area is located.

(iii)

Perimeter vehicular use area landscaping strips shall be placed to assure visibility and safety of pedestrians.

(iv)

Perimeter vehicular use area landscaping strips may not be placed within future street rights-of-way as identified in the City's Master Transportation Plan.

(b)

Minimum Width.

(i)

The perimeter vehicular use area landscaping strip shall be located within a planting strip at least ten feet wide.

(ii)

Areas outside the property boundaries cannot be considered as part of the required width of planting strip.

(iii)

No reduction in width of planting strip is permitted.

(c)

Protection of Perimeter Vehicular Use Area Landscaping Strip

(i)

The perimeter landscaping strip shall be protected from vehicular damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other method approved by the Zoning Administrator.

(ii)

Nothing in this subsection shall prevent the configuration of vehicular use area landscaping as a stormwater management device.

(d)

Required Plantings.

(i)

Visual Screen.

a.

The perimeter vehicular use area landscaping strip shall form a continuous and opaque visual screen, excluding required sight triangle clearances at driveways (see Sec. 40.2-218(A)(6)).

b.

The visual screen of the perimeter vehicular use area landscaping strip shall meet all city, state, and federal highway sight distance standards.

c.

In cases where the visual screen is comprised of vegetation, evergreen shrubs shall be used to form the continuous, opaque visual screen.

d.

A decorative fence or wall may be substituted for the evergreen shrubs.

i.

The use of a fence or wall does not allow for a reduction in width.

ii.

The fence or wall may be opaque or transparent and supplemented with evergreen shrubs.

iii.

In no instance shall chain link fencing qualify as decorative fencing for the purpose of providing vehicular use area screening.

iv.

In either case, the combination of the fence and/or shrubs must provide a continuous, opaque visual screen.

(ii)

Trees.

a.

In addition to the evergreen shrub requirements, each perimeter vehicular use area landscaping strip shall include at least four canopy trees per 100 linear feet of landscaping strip.

b.

Understory trees may be used beneath overhead utilities in which case 12 understory trees per 100 linear feet of landscaping strip shall be required.

(e)

Minimum Height.

(i)

Shrubs associated with the perimeter vehicular use area landscaping shall be maintained at a minimum height of at least three feet above the surface elevation of the adjacent vehicular use area pavement within four years of planting.

(ii)

Fences or walls used in-lieu of shrubs shall maintain a height of four feet above the adjacent grade, except where there is a requirement for a lower height because the fence or wall is located within a sight triangle.

(g)

Adjacent to Landscape Buffers. Perimeter vehicular use area landscaping strips may be credited towards landscape buffer standards (See Sec. 40.2-304(E) Landscape Buffers) provided the minimum buffer standards of this section are met.

(h)

Adjacent to Off-Street Surface Vehicular Use Area on Other Lots. Where two or more off-street surface vehicular use areas are located adjacent to one another, but upon different lots, a perimeter vehicular use area landscaping strip shall not be required between the two vehicular use areas.

(E)

Landscape Buffers.

(1)

Applicability.

(a)

Except as exempted in subsection (2) below, all development shall provide a landscape buffer to separate it from uses in a different use classification.

(b)

A landscape buffer shall not be required along property containing an existing nonconforming use that is adjacent to the proposed development.

(2)

Exemptions. The following shall be exempt from the landscape buffer requirement.

(a)

Single-family detached residential uses; and

(b)

Uses in the D1 district.

(3)

Types of Buffers. Table 40.2-304(1) Buffer Types describes four different buffering types in terms of their function, opacity, width, and planting requirements.

(a)

Where a particular buffer type is required in Table 40.2-304(2) Buffer Type Application, the requirement may be met with the minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2.

(b)

Where an option utilizing a fence or wall is selected, the fence or wall shall comply with the standards of Sec. 40.2-305 Fences and Walls.

(c)

In cases where an adjacent use is designed for solar access, understory trees may be substituted for canopy trees.

(d)

Industrial development abutting or fronting on arterial or major collector roadways shall use Type D Option 1 for the buffers along those roadways.

TABLE 40.2-304(1): BUFFER TYPES

(4)

Buffer Type Application.

(a)

Table 40.2-304(2) Buffer Type Application shows the type of landscape buffer that new development shall provide between the new development and adjacent property, based on the zoning district of the development site and that of the adjacent property.

(b)

The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 40.2-304(1) Buffer Types.

Table 40.2-304(2): BUFFER TYPE APPLICATION

(5)

Location of Buffers.

(a)

Landscape buffers required by this section shall:

(i)

Be located along the outer perimeter of the parcel where it abuts another parcel; and

(ii)

Extend to the parcel boundary line or right-of-way line.

(b)

Landscape buffers are not required along lot lines abutting streets, except as needed to:

(i)

Screen outdoor industrial operations on lots in an industrial district; or

(ii)

Screen storage on lots in an industrial district.

(c)

Industrial uses with outdoor operations or storage components shall include landscape buffers as necessary to screen outdoor use areas from all off-site views.

(d)

Industrial development abutting or fronting on arterial or major collector roadways shall use Type D Option 1 buffer for the buffers along these roadways.

(e)

A landscape buffer may be located along shared access easements between parcels in nonresidential developments.

(f)

The following developments shall provide buffers around the perimeter of the development instead of around individual buildings:

(i)

Multi-family;

(ii)

Townhouse;

(iii)

Three- to four-family;

(iv)

Two-family;

(v)

Multi-building;

(vi)

Multi-tenant; or

(vii)

Shopping center.

(6)

Responsibility for Buffer Installation. The developing parcel shall provide the full landscape buffer required adjacent to the existing use in accordance with this section.

(7)

Development within Required Buffers.

(a)

The required buffer shall not contain any development, impervious surfaces, or site features (except fences or walls) that do not function to meet the standards of this section.

(b)

Walkways, trails, and other elements associated with passive recreation may be placed in landscape buffers if all required landscaping is provided and damage to existing vegetation is minimized to the maximum extent possible.

(c)

Overhead and underground utilities required or allowed by the city are permitted to cross a required buffer in a perpendicular fashion but shall minimize the impact to vegetation to the maximum extent practicable.

(d)

Where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in this Ordinance.

(8)

Sight Triangles. No fencing, berms, walls, or other landscaping features may exceed 36 inches above grade within required sight triangles for streets, alleys, or driveways (See Sec. 40.2-302).

(9)

Credit for Existing Vegetation. Existing vegetation meeting the size standards of Sec. 40.2-304(C)(3) Planting Standards, located within the landscape buffer area may be preserved and credited toward the landscape buffer standards.

(F)

Screening.

(1)

Applicability.

(a)

In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from all off-site views.

(b)

Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material.

(2)

Items to be Screened. The following areas shall be screened in accordance with this section:

(a)

Large waste receptacles (e.g., dumpsters and cardboard recycling containers) and refuse collection areas;

(b)

Loading and service areas;

(c)

Outdoor storage areas (including, but not limited to: inoperable vehicles, appliances, tires, manufactured homes, building materials, equipment, raw materials, and above-ground storage tanks) located within 600 feet of a public right-of-way, railroad, or body of water;

(d)

Ground-level mechanical equipment, transformers, and utility meters;

(e)

Construction, demolition, or other site conditions that could be unsafe for pedestrian or vehicles; and

(f)

Ground-level utility cabinets and mechanical equipment associated with a telecommunications tower or other similar structure.

(3)

Screening Methods.

(a)

The following methods are permitted to screen areas and more than one method may be used on a lot or site.

(i)

Vegetation that provide a fully opaque screen to the minimum height necessary to fully screen the facility from all off-site views; or

(ii)

An opaque fence or wall consistent with the standards in Sec. 40.2-305 Fences and Walls.

(b)

Alternative screening methods that are not listed or alternative configurations may be proposed as part of an Alternative Landscaping Plan (see Sec. 40.2-304(I)) if the alternative method or configuration provide an equivalent or superior screening function.

(4)

Configuration of Vegetative Screening. In cases where vegetative materials are used for screening in accordance with this subsection, the vegetation shall:

(a)

Be planted around the perimeter of the site feature to be screened in a manner that screens the site feature from all off-site views;

(b)

Be located outside of any fencing used as part of the enclosure;

(c)

Be configured in two staggered rows or other arrangement that provides maximum screening;

(d)

Be upright, large evergreen shrubs that are capable of reaching at least six feet in height within three years of planting; and

(e)

Spaced no farther than three feet on-center.

(5)

Large Waste Receptacles and Refuse Collection Areas. The screening of large waste receptacle and refuse collection areas shall be subject to the following standards.

(a)

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

(b)

In cases where access to large waste receptacles and refuse collection areas are visible from off-site views:

(i)

The access way shall be screened with an opaque gate.

(ii)

Chain link fencing shall not be used for such gates.

(c)

Large waste receptacles and refuse collection areas and the vegetation and fences or walls screening them shall:

(i)

Maintain setbacks applicable for accessory buildings in the district where located; and

(ii)

Shall not be located within front or corner side yards.

(d)

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

(G)

Site Landscaping.

(1)

Distinguished from Other Required Landscaping. Site landscaping is required landscaping that is not:

(a)

Required vehicular use area landscaping;

(b)

Located within a required landscape buffer; or

(c)

Required screening.

(2)

Applicability.

(a)

Except for the exemptions in subsection (b) below, site landscaping shall be required for all development including free-standing Automatic Teller Machines (ATMs), Ice Dispensers, coffee kiosks, and similar uses, and parking structures.

(b)

Exemptions. The following developments are exempt from the site landscaping requirements.

(i)

Single-family detached dwellings;

(ii)

Two-family dwellings; and

(iii)

Development in the Downtown D1 sub-districts T4, T5, and T6 if the building façade is less than five (5) feet from the property line.

(c)

Site landscaping shall be supplied in the amounts identified in Table 40.2-304(3) Required Site Landscaping Plantings.

(d)

See Table 40.2-216 Use Table to determine the Use Type indicated in the table.

(e)

Site landscaping shall meet the minimum size standards for new planting specified in Sec. 40.2-304(C)(3) Planting Standards.

Table 40.2-304(3): REQUIRED SITE LANDSCAPING PLANTINGS

(3)

Shrub Placement. Required shrubs shall be:

(a)

Placed around the building perimeter;

(b)

A minimum of three feet from the building, with emphasis placed on the building foundation visible from the public right-of-way;

(c)

Required shrubs may be planted up to 15 feet from the building provided there is a sidewalk located between the planting area and the building wall; and

(d)

At least one-half of the required shrubs shall be of an evergreen variety.

(4)

Tree Placement. Trees serving as site landscaping shall be dispersed across a site in accordance with good planting practice.

(H)

Tree Canopy Coverage.

(1)

Purpose. The regulations in this section are established pursuant to authority granted under Code of Virginia, § 15.2-961, and reflect a determination that the planting and preservation of trees is essential for the present and future health, safety and welfare of the citizens of the City (Code 1988, § 36-50; Ord. No. 1990-50, § 1, 6-11-1990).

(2)

Tree Canopy Coverage Definitions. The following words, terms, and phrases, when used in this Ordinance shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CALIPER—the diameter of a tree measured six inches above existing grade.

CANOPY COVER—the crown "branch" area of either a single tree or several combined trees.

CONSTRUCTION FOOTPRINTS—the area of all impervious surfaces including, but not limited to, buildings, roads and drives, parking areas, sidewalks, and the area necessary for construction of such improvements.

CRITICAL PROTECTION ZONE (CPZ)—the area of undisturbed natural soil around a tree defined by a concentric circle with a diameter in feet equal to the number of inches of trunk diameter.

DRIP LINE—an imaginary line that extends downward from the outermost tips of a tree's branches to the ground.

MULTI-STEM TREE—a tree having more than one trunk emerging from the root system.

TREE—any self-supporting, woody plant of a species that normally grows in the city at maturity to an overall height of a minimum of five feet.

(3)

Applicability.

(a)

Tree canopy requirements shall apply to all development in the City.

(b)

Trees provided or protected to meet other sections of the Zoning Ordinance may be credited towards the required tree canopy coverage provided they meet the standards of this section.

(4)

Tree Canopy Cover Requirements.

(a)

Table 40.2-304(4) identifies the tree canopy cover requirements for development in each zoning district.

(b)

The landscape plan shall provide for the planting or replacement of trees on the site to the extent that, after 20 years, minimum tree canopy cover percentages will be provided as specified in Table 40.2-304(4).

Table 40.2-304(4): CANOPY COVER REQUIREMENTS

(c)

To encourage the planting of a variety of tree species, Table 40.2-304(5) Credit for Tree Canopy below, outlines the following credit that will be given for each tree.

Table 40.2-304(5): CREDIT FOR TREE CANOPY

(d)

Tree Canopy Area. The area of a site to be used in calculating canopy cover shall be the area of the zone lot or the actual size of the lot at the time of plan submittal, as defined in in this Ordinance.

(e)

Tree Canopy Lists. Trees shall be selected from those listed on the City of Portsmouth's approved lists, which shall be maintained and amended as necessary by the environmental manager or the City Manager's designee.

(i)

Substitutions using trees not on the list may be made with the approval of the Zoning Administrator, environmental manager, or City Manager's designee.

(ii)

No tree from the list of nonacceptable trees may be used.

(f)

Tree Canopy Planting Requirements. Trees to be planted shall comply with the planting standards in Section Sec. 40.2-304(C)(3).

(g)

Existing Trees. Trees existing on the site may be used to satisfy the tree canopy coverage requirements of this section.

(i)

The landscape plan must identify such existing trees by genus, species, and size.

(ii)

Existing trees must be physically and structurally in good condition.

(iii)

All such trees on the site during construction must be protected in accordance with the provisions of subsection (aa).

(iv)

Stands of five or more existing trees shall be credited to canopy area equal to that covered at the time of application for approval of the landscape plan.

(v)

Trees to be retained on the lot in accordance with the approved landscape plan shall be protected utilizing methods prescribed in the most current version of the Virginia Erosion and Sediment Control Handbook.

(vi)

Trees or tree areas that are to be retained shall be marked visibly in the field prior to clearing or construction.

(vii)

Protection devices shall be installed prior to clearing or construction and shall be shown on the submitted landscape plan.

(viii)

Such protection devices shall be evident and effective and shall be maintained at all times.

(ix)

Failure to maintain protection devices shall be cause for the issuance of a stop work order.

(x)

If it becomes necessary to remove additional trees that were shown on the approved plan to be retained, such trees may be removed if:

a.

Compliance with the required canopy coverage is maintained

b.

Compliance with all other requirements of this Ordinance are maintained; and

c.

A revised landscape plan is submitted and approved.

(4)

Exceptions. The Zoning Administrator may grant a partial exception to the requirements of this Tree Canopy section under the circumstances listed below:

(a)

Such exception shall reduce the required tree canopy by the minimum extent necessary to provide a reasonable buildable area.

(b)

Exceptions may be granted under the following conditions:

(i)

Where the Zoning Administrator finds that the combined requirements of this Ordinance, or any ordinances adopted in compliance with the Chesapeake Bay Preservation Act, Chesapeake Bay Preservation Overlay District, or the requirements of Ch. 39 of the City Code for the protection of tidal wetlands would result in the elimination of a reasonably developable area on the site.

(ii)

Where the proposed use of the property is agriculture, outdoor recreation, or aviation and the Zoning Administrator finds that full compliance with this Ordinance would unreasonably reduce the unwooded area of the site necessary for such use.

(iii)

Where the proposed development is an expansion of an existing development on the same zone lot, the procedure for calculating required tree canopy coverage shall be modified by substituting the term "construction footprint" for the term "zone lot."

(5)

Exemptions. A lot or portion of a lot that is dedicated as a playing field or similar non-wooded recreation area is exempt from the requirements of this Tree Canopy section.

(I)

Alternative Landscape Plan.

(1)

In cases where development conditions require a deviation from the landscaping standards in this section or the tree protection standards in Sec. 40.2-304(K) Tree Protection, an Alternative Landscaping Plan shall be required.

(2)

An Alternative Landscaping Plan shall indicate how compliance with the standards in this Ordinance is impossible, and shall illustrate how compliance can be achieved to the maximum extent possible.

(3)

Nothing in this subsection shall prohibit a development configuration that meets or exceeds the landscaping and tree protection standards in this Ordinance.

(4)

Alternative plans, materials, or methods may be justified due to:

(a)

Natural conditions, such as streams, or topography;

(b)

The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions;

(c)

Lot size or configuration;

(d)

The presence of utility or other easements;

(e)

The potential for interference with public safety; and

(f)

Other situations where strict adherence to the landscaping or tree protection standards in this Ordinance are determined to be impractical by the Zoning Administrator.

(5)

Allowable Deviations. With input from other city departments, the Zoning Administrator may approve an alternative landscape plan if it meets the purpose and intent of the landscaping standards in Landscaping and Screening, as appropriate. Allowable deviations from the standards of this section include, but are not limited to the following:

(a)

Reduced Planting Rates due to Public Facilities. An adjustment to planting locations or reduction of up to 20 percent in the type or total number trees may be allowed when underground connections to public facilities or public utilities, or public easements or right-of-way, are located upon or the parcel.

(b)

Reduction in Count or Spacing Standards due to Nature of Parcel. A reduction in the count or spacing standards by up to 20 percent may be allowed where the reduction is desirable in terms of protection of existing natural resources, better consistency with the goals of the comprehensive plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this Ordinance, in the opinion of the Zoning Administrator.

(c)

Redevelopment of Nonconforming Sites. The installation of required landscaping during redevelopment of existing nonconforming sites shall occur in accordance with Article V Nonconformities.

(d)

Additional Deviations.

(i)

Deviations allowed under this section shall be the minimum required to provide relief.

(ii)

No reduction in any landscaping and screening dimensional standard or landscaping performance standards required by this Ordinance is permitted unless otherwise provided for in this Ordinance or by a Variance application to the BZA.

(J)

Landscaping Performance Standards.

(1)

Time for Installation of Required Landscaping.

(a)

Time Limit. All required landscaping (including mulching) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a permanent or non-temporary Certificate of Occupancy unless the Zoning Administrator grants an extension to this time limit.

(b)

Extensions.

(i)

The Zoning Administrator may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping.

(ii)

Circumstances that may warrant an extension include, but are not limited to, the following:

a.

Unusual environmental conditions, such as drought, ice, hurricanes, or over-saturated soil (deep mud);

b.

It is not yet the appropriate planting season for the approved plant species;

c.

Credible evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant's diligent effort to secure the required materials.

d.

Extensions shall not be granted to allow undersized plant material to grow to the required size.

(iii)

Upon receipt of a performance guarantee, the City may issue a temporary Certificate of Occupancy for a maximum period of up to 90 days.

(2)

Maintenance of Landscaping Materials.

(a)

The owner shall be responsible for the maintenance of all landscape areas.

(b)

Such areas shall be maintained in a healthy and orderly appearance free from refuse and debris.

(c)

All plant material shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed.

(d)

In the event that any vegetation functioning to meet the standards of this section is severely damaged the owner or developer may be required to replant if the landscaping standards are not being met.

(i)

The owner shall have one growing season to replace or replant.

(ii)

The Zoning Administrator shall consider the landscape requirements as well as the propensity for natural re-vegetation when making a determination on the replanting requirements.

(iii)

Plants shall be maintained in a way that does not obstruct sight triangles at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.

(e)

Trees that have been severely pruned, sheared, topped, or shaped as shrubs no longer serve the intended canopy, buffering or screening function and shall be considered as damaged vegetation in need of replacement.

(f)

The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation unless the required landscape area no longer complies with the required standards of this section. This shall not apply to plant material that dies due to neglect or lack of proper maintenance.

(K)

Tree Protection.

(3)

Tree Protection During Construction.

(a)

Owner's Responsibility. During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction.

(b)

Tree Protection Fencing.

(i)

Existing trees being used for credit towards landscaping requirements shall be protected with a sturdy and visible fence before any grading, demolition, or other development activity begins.

(ii)

Fencing shall be erected at least one linear foot outside the tree's dripline.

(iii)

The Zoning Administrator shall consider the existing site conditions in determining the exact location of tree protection fencing.

(iv)

Area located inside of tree protection fencing are considered as "tree save areas."

(v)

No construction, demolition, grading, equipment or material storage, or any other activity shall be allowed within the fenced area.

(vi)

Fencing shall be maintained until after the final site inspection.

(4)

Tree Preservation Incentives.

(a)

Tree Preservation Credits. In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that comply with the credit standards of this subsection. Credits are offered only for trees that are not required to be retained by other sections of this Ordinance. Credits shall be granted in accordance with the following standards.

(b)

Credit Amount. A credit of one tree per each 1.5 inches of existing tree diameter shall be credited and applied towards the landscaping standards in Sec. 40.2-304 Landscaping and Screening when the trees that are saved comply with the following minimum size standards:

(i)

Canopy Trees. Canopy trees, whether deciduous or evergreen, of seven inches in diameter or greater, measured at the DBH (Diameter at Breast Height).

(ii)

Credit Applied Towards Required Plantings. The credit shall be applied to the required tree standards for landscaping. In no case shall credits substitute for more than 75 percent of the required trees.

(iii)

Reduction in the Minimum Number of Required Parking Spaces.

a.

Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy trees.

b.

The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Zoning Administrator.

c.

Alternative paving materials may be required by the Zoning Administrator in cases where required parking areas encroach upon root zones.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, §§ 4, 26—28, 47—50, 5-23-2023)

(A)

Purpose. The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential, business, and special districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties.

(B)

Applicability.

(1)

Unless exempted in accordance with this section, the provisions of this section shall apply to the construction, reconstruction, replacement, or relocation of fences or walls in the City.

(2)

All fence or wall construction, reconstruction, replacement, or relocation must obtain a Zoning Permit.

(3)

Compliance with the standards of this section shall occur prior to approval of a building permit or zoning permit, whichever occurs first.

(4)

In the event of any conflict between the provisions of this section and any screening standard, Sec. 40.2-304(F) Screening, shall govern.

(5)

For purposes of this section, 50 percent transparency is a fence or wall that is no less than 50 percent see-through.

(6)

All fences serving as pool barriers must comply with all state and local standards.

(C)

Exemptions. The following are exempted from the requirements of this section.

(1)

Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility.

(2)

Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the Building Code.

(D)

Standards.

(1)

Location.

(a)

Fences may be located directly on a lot line between two or more parcels of land held in private or public ownership.

(b)

No fence shall be installed within or in a manner, which obstruct access to any public easements, unless expressly granted by the easement holder.

(c)

No fence shall be installed that blocks or diverts drainage.

(2)

Appearance.

(a)

The posts and rails of the fence shall face the interior of the lot, with the smooth/finished side facing away from the lot.

(b)

Fences and walls shall be constructed of the following materials: wood (pressure treated or rot resistant), wrought iron, ornamental metals, brick, stone, masonry materials, vinyl, or chain link (see stipulations in Sec. 40.2-305(D)(2)(d)).

(c)

Chain link fencing shall meet the following standards:

(i)

Chain link fencing shall not be opaque and shall not have slats.

(ii)

Chain link fencing in industrial districts shall be coated with black or green vinyl coated.

(iii)

Black or green vinyl coated chain link fencing in GMU, NMU, MU-H, and D1 SD zoning districts shall be screened with a Type C Buffer in accordance with Sec. 40.2-304 on all sides facing right-of-way. In such cases, the fence should be set back to accommodate the required landscaping buffer.

(d)

Prohibited materials for the construction of fences and walls include: debris, junk, rolled plastic, sheet metal, pallets, plywood, razor wire, or concertina wire in all zoning districts.

(i)

Barbed wire is prohibited in all zoning districts unless specifically approved in accordance with a security plan (See Sec. 40.2-305(E)).

(ii)

Electric fencing is prohibited in all zoning districts with the exception of invisible fences used for containing pets.

(iii)

Chain link fencing is prohibited in historic districts and the D1 T3, D1 T4, D1 T5, and D1 T6 sub-districts.

(3)

Maximum Height Requirements for Fences and Walls. In all cases, fence and wall heights are measured from finished grade on the highest point of the fence or wall. If a fence is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone.

(a)

Residential, commercial, and industrial district fence requirements are shown in Table 40.2-305 Residential, Commercial, and Industrial Fence Requirements. See Table 40.2-201, Zoning Districts Established to determine category of zoning districts.

TABLE 40.2-305: RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL
FENCE REQUIREMENT

(b)

Historic Districts (see Table 40.2-201 Zoning Districts Established).

(i)

All fence or wall construction, reconstruction, replacement, or relocation must obtain a Certificate of Appropriateness from the Historic Preservation Commission.

(ii)

Fences and walls in historic districts shall comply with the applicable fence requirements in Table 40.2-305.

(c)

Major Utilities, Wireless Communications, Government Facilities, and Other Public Safety Uses. Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet.

(d)

Vacant Property. Vacant property, where no use on the lot has been lawfully established, may be fenced if:

(i)

The fence does not exceed four feet in all districts;

(ii)

Fencing maintains a minimum transparency of 50 percent; and

(iii)

The purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property.

(e)

Downtown Districts (see Table 40.2-201 Zoning Districts Established). Fences and walls in the Downtown D1 sub-districts shall comply with the dimensional fence requirements for commercial districts in Table 40.2-305.

(E)

Modification for Security Plan. An applicant may submit to the Zoning Administrator a site security plan proposing fences or walls taller than those permitted by this section, proposing modifications to the location of fences or walls, and/or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. As part of the site security plan, the applicant must describe all other potential security measures they have considered and why they have deemed them unacceptable. The Zoning Administrator may deny, approve, or approve with conditions the site security plan and its proposed modification to the standards of this section, only upon finding:

(1)

The applicant provides a detailed assessment of other alternative security measures considered before opting for barbed wire.

(2)

The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall;

(3)

The proposed security plan will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area;

(4)

The proposed fence shall not limit the visibility of pedestrians, bicyclists, or motorists from streets, alleys, or driveways;

(5)

The proposed fence does not exceed eight feet; A fence taller than eight feet can only be approved with approval of a Special Exception in accordance with Sec. 40.2-535; and

(6)

Barbed wire will only be approved if no other security measures are available. Barbed wire and other similar types of wire shall only be approved through a Special Exception in accordance with Sec. 40.2-535. Barbed wire and other similar types of wire shall comply with the following standards:

(a)

The proposed fence includes a maximum of three strands of barbed wire;

(b)

The proposed fence is not made of razor or concertina wire; and

(c)

The barbed wire shall not extend on to or over public right-of-way or adjacent properties.

(Ord. No. 2023-43, § 3, 5-23-2023)

(A)

Purpose. The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to:

(1)

Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands;

(2)

Conserve energy and resources to the greatest extent possible; and

(3)

Provide security for persons and land.

(B)

Applicability.

(1)

The provisions of this section shall apply to all development in the city unless exempted in accordance with Sec. 40.2-306(C) Exemptions.

(2)

An exterior lighting plan shall be submitted with the plan of development to the City and approved.

(C)

Exemptions. The following is exempted from the exterior lighting standards of this section.

(1)

Lighting exempt under state or federal law;

(2)

FAA-mandated lighting associated with a utility tower or airport;

(3)

Single-family detached dwellings;

(4)

Existing athletic field lighting;

(5)

City-owned, -operated, or -maintained street lights located within a street right-of-way or other easement granted to the city;

(6)

Lighting for public monuments, statuary, and art; and

(7)

Temporary lighting of construction sites, provided such lighting is discontinued upon completion of the construction activity.

(D)

General Standards for Exterior Lighting. All exterior lighting shall meet the following standards:

(1)

Illumination Direction.

(a)

Upwardly-directed lighting of structures and landscaping is permitted in the D1 district, the Innovation Overlay District, an Entertainment Overlay District, and where specifically indicated.

(2)

Maximum Lighting Height.

(a)

Except for outdoor sports fields or performance areas, the height of outdoor lighting, whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential districts and no greater than 30 feet in commercial and mixed-use districts.

(b)

Illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground-mounted fixtures not more than four feet in height.

(c)

Except as provided in this subsection (c), the height of outdoor lighting in industrial districts shall be no greater than 30 feet. The Zoning Administrator may approve, or approve with conditions, a twenty-five (25) percent increase to the height of outdoor lighting in industrial districts upon finding in writing that the following conditions are met:

(i)

The applicant has provided a detailed assessment demonstrating that compliance with the 30 foot requirement is impossible or impractical, and specifying what measures will be taken to address the impacts to the maximum extent practicable if a height increase is granted;

(ii)

The condition, location, or use of the property, or the history of activity in the area, indicates that the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without an increase in the height of the outdoor lighting;

(iii)

The proposed increase in the height of the outdoor lighting will not have a significant adverse effect on the security, functioning, appearance, and value of adjacent properties or the surrounding area;

(iv)

The proposed increase in the height of the outdoor lighting will not limit the visibility of pedestrians, bicyclists, or motorists from streets, alleys, or driveways;

(v)

Other measures cannot reasonably be implemented to achieve the goals of the applicant; and

(vi)

The authorized increase in the height of outdoor lighting does not exceed seven and one-half (7.5) feet above the thirty (30) foot maximum.

(3)

Shielding.

(a)

Except as specified in subsection (1), exterior light fixtures in excess of 60 watts or 100 lumens shall use downwardly-directed full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.

(b)

No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling.

(4)

Maximum Illumination Levels. All outdoor lighting shall be designed and located so that the maximum illumination measured in foot-candles at ground level at a lot line shall not exceed the standards in Table 40.2-306 Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style), except in subsection (1).

TABLE 40.2-306: MAXIMUM ILLUMINATION LEVELS

(E)

Wall Pack Lights.

(1)

Wall packs on buildings may be used to illuminate a building to light unsafe areas.

(2)

Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage.

(3)

Wall pack light sources visible from any location off the site are prohibited.

(F)

Exemptions for a Security Plan. Government facilities, parks and open areas, public safety, and other uses (see Table 40.2-216, Use Table) where sensitive or dangerous materials are stored may submit to the Zoning Department a site security plan proposing exterior lighting that deviates from the standards in this subsection. The Zoning Administrator may approve or approve with conditions, the site security plan and its proposed deviation from the standards of this subsection, upon finding that the plan meets the following conditions:

(1)

The proposed deviation from the standards is necessary for the adequate protection of the public;

(2)

The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding land; and

(3)

The proposed deviation from the standards is the minimum required and will not have a significant adverse effect on neighboring lands.

(G)

Illumination of Outdoor Sports Fields and Performance Areas. Lighting of outdoor sports fields and performance areas shall comply with the following standards:

(1)

Glare Control Package. All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the principal playing or performance area.

(Ord. No. 2023-43, §§ 29, 30, 51, 52, 5-23-2023)

(A)

Sign Definitions.

AWNING—See Article VI Definitions.

MARQUEE—See Article VI Definitions.

PENNANT—A lightweight plastic, fabric, paper, or similar material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.

SIGN—A surface, fabric, display, device, figure, painting, drawing, message, placard, poster, billboard, or other structure that is designed, intended, or used to advertise or inform, any part of the advertising or informative contents of which is visible from a street or bicycle or pedestrian path or from property other than the lot on which it is located. This term does not include flags displayed from flagpoles or staffs.

SIGN, A-FRAME—A sign designed to rest on the ground that consists of two sign faces connected together at the top to form an "A" shape sign with a broad base and narrow top when viewed from the side.

SIGN, ATTACHED—A sign that is attached, directly or indirectly to a building (e.g. wall sign, marquee sign) or structure that has a principal purpose other than supporting the sign (e.g. fence, light pole).

SIGN, AWNING—A sign that is part of or attached to the surface of an awning.

SIGN, BANNER—A sign constructed of cloth, canvas, fabric, paper, or other light materials, that does not have an integral supporting framework.

SIGN, BANNER POLE—A sign constructed of lightweight material and attached to and projecting from a light pole or similar structure, but not from a building.

SIGN, CANOPY—A sign attached to a canopy.

SIGN, FREESTANDING—A sign installed upon the ground directly or through a structure designed for the exclusive purpose of supporting the sign, and not attached to a building or other structure.

SIGN, GROUND—A permanent freestanding sign that is not a monument sign (e.g., because the sign is not wider than it is tall), a pole sign (e.g., because there is less than two feet of open air under the sign), or an off-premises sign.

SIGN, INFLATABLE—A sign that requires air pressure to maintain its shape.

SIGN, MARQUEE—A sign attached to or hung from a marquee.

SIGN, MONUMENT—A freestanding sign permanently mounted on or affixed to a solid decorative base or pedestal with no open air between the sign and the ground, that has, including the support structure, a total width that exceeds its height.

SIGN, NONCONFORMING—A sign lawfully existing that does not conform to all the standards and regulations of this Ordinance or the amendment.

SIGN, OFF-PREMISES—A sign that draws attention to or communicates information about a business, service, commodity, product, event or any goods or services conducted, sold or offered at a location other than the premises on which the sign is located.

SIGN, OUTDOOR ADVERTISING—A sign structure providing displays or display space for general advertising and not primarily or necessarily for advertising related to the premises on which erected or to nearby premises. Such signs, commonly referred to as "billboards," are generally designed so that the copy or poster on the sign can be changed frequently and the advertising space is for lease. Outdoor advertising signs may contain light emitting diode (LED) electronic displays that comply with state and federal law.

SIGN, PERMANENT—A sign that is intended for other than temporary use or a limited period. A permanent sign is affixed or attached to the exterior of a building or to a pole or other structure by adhesive or mechanical means or is otherwise characterized by anchoring, construction materials, or a foundation indicative of an intent to display the sign for more than a limited period.

SIGN, POLE—A freestanding sign permanently affixed to one or more masts, poles, or open braces that are secured permanently to the ground and have as their principal purpose support of the sign, such that there is a minimum of two vertical feet of open air under any portion of the bottom of the sign.

SIGN, PORTABLE OR WHEELED—A sign that is designed to be transported on wheels or that is constructed on a chassis.

SIGN, PROJECTING—A sign that is attached to and oriented approximately perpendicular to the wall or parapet of a building, the building having a principal function other than support of the sign. A projecting sign may include a blade sign.

SIGN, ROOF—A sign affixed to the roof of a building or to the wall of a building, and extending above the roofline.

SIGN, TEMPORARY—A temporary sign or display that is intended or constructed for display during a limited period of time only, and generally constructed of lightweight materials and installed in a manner so as to be easily removed.

SIGN, T-FRAME—Any sign designed to rest on the ground and consisting of a sign face mounted perpendicular to its base to form an upside-down "T" shape when viewed from the side.

SIGN, WALL—Any sign painted on or attached to the outside wall of any building and supported by such wall or building, and which displays only one surface.

SIGN, WIND SAIL—Any sign temporarily mounted along its edge on a single, flexible pole, and which generally resembles the shape of a feather, sail, bow, teardrop, or other similar shape.

SIGN, WINDOW—A sign which is painted on, applied to, or attached to a window or door, or located within three feet of the interior of the window or door, and which is legible and intended to be read from the exterior of the building.

SIGN, YARD—A lightweight temporary freestanding sign that is not a wind sail sign, inflatable sign, or A-frame or T-frame sign. A yard sign is generally installed in the ground on a wooden post or a thin frame made of metal.

(B)

Findings. The City Council finds:

(1)

Signs provide a vital function for the convenience of the public and for the efficient communication of commercial and noncommercial speech.

(2)

Unlike oral speech, signs may cause harm by virtue of the physical space they occupy by obstructing views, distracting motorists, displacing alternative uses of land, and endangering the safety of persons or property.

(3)

The City has a substantial and compelling interest in all of the purposes set forth below and has a substantial and compelling interest in regulating signs in such a way that the harms caused by signs might be reduced and mitigated.

(4)

Signs are essential to the health and economic well-being of the City by:

(a)

Facilitating consumer transactions and other commercial and industrial activities that allow businesses to be successful, which in turn provides employment and supports a stable tax base; and

(b)

Providing information and directions for the safe and efficient travel of motor vehicles, bicycles, and pedestrians.

(5)

Signs have a strong visual impact on the character and aesthetic appearance of the City by:

(a)

They are a prominent part of the cityscape and, as such, can enhance or detract from the City's image and character and facilitate or impede the creation of an attractive and harmonious environment in the City.

(b)

Their suitability or appropriateness helps to define the way in which the City and neighborhoods within the City are perceived.

(6)

The visual environment and character of the City are important factors in the City's economic well-being because they influence Portsmouth's appearance and land values.

(7)

The visual environment and character of the City, as well as the orderly flow of traffic and safety of travel, are diminished when visual clutter results and the vision of motorists, bicyclists, and pedestrians is obstructed by the unrestricted proliferation and placement of signs, or from the improper maintenance of signs.

(8)

Regulation of the size, height, number, and spacing of signs throughout the City is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the city, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, to provide ample, meaningful opportunities for persons who desire to display information by means of a sign to have their information seen and understood, and to provide for the orderly and reasonable display of advertising and other messages for the benefit of all persons in the City.

(9)

For these reasons, the needs of individual citizens, property owners, and businesses to convey their commercial and noncommercial messages must be balanced against the goals of the City to ensure the safety of its roads and pedestrian-ways, maintain its desired character, and preserve and enhance the property values of property owners and businesses.

(10)

The provisions of this section do not eliminate all of the harm that may be created by the installation and display of signs. Instead, they strike an appropriate balance that preserves ample channels of communication by means of visual display while still reducing and mitigating the extent of the harm caused by signs.

(11)

The provisions of this section do not apply to every form and instance of visual speech that may be displayed within the City. They are intended to regulate those forms and instances that are most likely to meaningfully affect one or more of the purposes set forth below.

(12)

The provisions of this section are neither intended nor designed to restrict or control signs for the purpose of promoting or stifling any messages and content that might appear on them.

(C)

Purpose. The purpose of this section is to:

(1)

Promote and protect the public health, safety, and welfare of those within the city;

(2)

Promote the efficient use of signs as a means of communication;

(3)

Ensure that the right to free speech is protected;

(4)

Maintain and enhance a visual environment that allows the city to attract sources of economic development and supports the economic well-being of the city's businesses;

(5)

Protect and enhance the character, quality, and viability of the city's development and neighborhoods;

(6)

Protect scenic views and avoid sign clutter;

(7)

Reduce the distractions, obstructions, and hazards to pedestrian, bicycle, and vehicle traffic caused by the excessive number, size, height, illumination, movement, indiscriminate placement, overconcentration, or unsafe construction or maintenance of signs;

(8)

Reasonably accommodate:

(a)

The identification and advertising needs of businesses, institutions, and other entities; and

(b)

The needs of persons moving through the public spaces of the city to identify and locate destinations and find desired products and services;

(9)

Ensure signs are compatible with their surroundings, and minimize potential adverse effects on nearby properties;

(10)

Enhance property values and business opportunities; and

(11)

Enable efficient and consistent permitting and enforcement.

(D)

Applicability.

(1)

Unless exempted in accordance with Sec. 40.2-307(F) below, any installation, erection, construction, alteration, or maintenance of a sign shall comply with the standards in this section.

(2)

The regulations of this section shall be in addition to any applicable provisions of the Uniform Statewide Building Code, the Virginia Outdoor Advertising Act, the 1950 Code of Virginia Sec. 33.1-351, et seq, and any other applicable codes. Nothing herein shall exempt a sign from compliance with these codes.

(3)

Signs in the Historic Districts or in the Downtown Design Overlay District shall comply with the requirements of their respective design guidelines and be approved by the Historic Preservation Commission or the Downtown Design Committee.

(4)

Except for temporary signs installed in accordance with Sec. 40.2-307(K) Temporary Sign Standards, all signs shall be permanently installed as defined by the Uniform State Building Code. Installation using ropes, cords, and the like is not considered permanent.

(E)

Prohibited Signs. The following signs are prohibited in all zoning districts:

(1)

Roof signs;

(2)

Pennants;

(3)

Balloons which meet the definition of "sign" and are greater than two feet in diameter with tether more than two feet long extending from a roof or structure by means of a rope, string, or other device;

(4)

Obsolete signs containing sign copy, print, or graphics which advertise an activity, business, product, or service no longer produced or conducted on the premises.

(a)

Obsolete signs shall be removed within six months of the halt of operations.

(b)

An exception to the immediate removal of obsolete sign copy, print or graphics will occur where the owner or lessor of the premises on which the sign is located is seeking a new tenant, in which event the sign copy, print or graphics shall be removed by the owner or lessor at least two years from the date of vacancy of the premises on which the obsolete sign is located.

(5)

Portable or wheeled signs and portable or nonstructural signs with no permanently mounted, self-supporting structure, including signs mounted on wheels and otherwise constructed to be used as a temporary sign display, but not including signs applied directly to and flush with the body of a motor vehicle, as defined in Code of Virginia § 46.2-100, that is operable and duly licensed;

(6)

Off-premises signs, except in accordance with Sec. 40.2-307(J);

(7)

Signs that include movement or animation, other than changeable copy in accordance with Sec. 40.2-307(J);

(8)

Signs located in the right-of-way, except A-frame and T-frame signs in accordance with this section and signs placed in the right-of-way in accordance with Ch. 32 of the City Code;

(9)

Signs of a size, location, movement, content, coloring, or manner of illumination that may cause them to be misconstrued as traffic-control devices or signs; and

(10)

Signs that hide from view any traffic or street sign or signal or that obstruct the view at a street or road intersection, as determined by the City Engineer.

(F)

Exempted Signs. Where not prohibited by Sec. 40.2-307(E) Prohibited Signs, the following signs are exempt from the standards in this section:

(1)

Any sign carved into masonry that is integral to a structure;

(2)

Any sign consisting of a solid plate of bronze or similar corrosion-resistant metal that is permanently attached to a building and does not exceed four square feet in area;

(3)

Gravestones;

(4)

Traffic control signs and devices and similar signs erected by a government agency for public safety purposes;

(5)

Any sign erected on city-owned property by a public agency that is under the control of the City Manager;

(6)

Any sign required to be erected by city, state, or federal law;

(7)

Any sign the City is prohibited from regulating by state or federal law, to the extent of the prohibition;

(8)

Any sign applied directly and entirely to, and flush with, a horizontal surface paved with asphalt, concrete, or a similar material;

(9)

Any permanent sign that is located in a parking lot or parking structure or adjacent to a loading area, if the sign is less than two square feet in area and, if freestanding, less than four feet in height and not located closer than the height of the sign from adjoining properties;

(10)

Political campaign yard signs placed on private property pursuant to Code of Virginia §15.2-109; and

(11)

Any sign that is applied directly to and flush with the body of a motor vehicle, as defined in Code of Virginia § 46.2-100, that is operable and duly licensed.

(G)

Signs Not Requiring a Zoning Permit. The following are subject to the standards in this section but do not require issuance of a Zoning Permit in accordance with Sec. 40.2-307(G):

(1)

Routine maintenance of a sign or changing of lettering or parts of signs designed to be regularly changed, including sign face changes;

(2)

For each residential structure, and for each public entrance to a nonresidential or mixed-use structure, one sign that is permanently attached to the structure if the sign does not exceed two square feet in area;

(3)

For each roadway frontage on a parcel of land upon which construction activities of any type are being performed, one temporary sign that does not exceed 32 square feet in area in a commercial or industrial zoning district or 24 square feet in area any other zoning district;

(4)

A temporary sign securely and tautly affixed to temporary protective fencing erected around an area where construction activities of any type are being performed;

(5)

For each roadway frontage on a parcel of land that is actively marketed for sale, lease, or rent, one-yard sign that does not exceed four square feet in a residential zoning district, eight square feet in a mixed-use zoning district, and 16 square feet in any other zoning district;

(6)

In addition to signage required by state or federal law, signs attached to a gas pump that do not exceed four square feet in area;

(7)

Window signs located in the NMU, GMU, IN, and WF districts; and if consistent with applicable adopted design standards, window signs located in the MU-H district; and

(8)

Signs oriented toward the interior of and intended to be viewed from within an outdoor recreation or entertainment establishment or facility.

(H)

Procedure for Compliance.

(1)

Unless not required in accordance with Sec. 40.2-307(G) above, a Zoning Permit issued in accordance with Sec. 40.2-530 Zoning Permit, is required prior to any activity that is subject to this section. The Sign Zoning Permit application may be reviewed concurrently with a development plan application for the same site.

(2)

Signage Requiring a Use Permit. A Use Permit must be obtained, pursuant to Sec. 40.2-533 Use Permits prior to undertaking any of the following activities:

(a)

Installation of a new off-premises sign or a new outdoor advertising sign;

(b)

Replacement of an off-premises sign or an outdoor advertising sign;

(c)

Modification of an off-premises sign or an outdoor advertising sign, including a conversion to an LED electronic display or an automatic changeable copy display; and

(d)

Modification of a nonconforming off-premises sign or a nonconforming outdoor advertising sign, including a conversion to LED electronic display or an automatic changeable copy display.

(I)

General Sign Standards.

(1)

Classification of Sign Types. For purposes of this section, signs are generally classified as either permanent or temporary, and as either freestanding or attached. Table 40.2-307(1), Classification of Sign Types, identifies signs according to their classification.

TABLE 40.2-307(1): CLASSIFICATION OF SIGN TYPES

(2)

Measurement of Signs.

(a)

Sign Height. The height of a sign shall be measured from the top edge of the sign to the ground level measured at the edge of the pavement of the public street on which the sign faces.

(b)

Sign Area.

(i)

The area of a sign shall be computed as the area within the smallest standard geometric shape that encloses the extreme limits of lettering, representations, emblems, or other figures, together with all surrounding material, trim, or ornamentation that either form the integral part of the display or differentiate the sign from the background where it is placed.

(ii)

The structural supports for a sign, whether they be columns, pylons or a building or part thereof, shall not be included in the sign area unless they are designed as integral parts of the sign for the purpose of illustration or attraction.

(3)

Sign Faces. No sign shall have more than two faces.

(4)

Materials.

(a)

Permanent signs shall be constructed of durable, weatherproof materials.

(b)

D1 District. In the D1 district, a sign shall not be constructed of:

(i)

Unfinished materials, including unpainted wood;

(ii)

Highly reflective materials; or

(iii)

Plastic.

(5)

Illumination.

(a)

Illumination, where permitted, shall be designed, installed and maintained in a manner that avoids glare on adjoining properties and that avoids glare or reflection which in any way interferes with traffic safety.

(b)

Where illumination is by a source external to the sign, the source of illumination shall be aimed and shielded so that direct illumination is focused exclusively on the sign face and is not visible from off-site areas.

(c)

The luminance of a sign shall not exceed 1,500 nits during daylight hours and 150 nits at all other times. Signs incorporating displays that use light emitting diodes (LEDs), charge coupling devices (CCDs), plasma, or functionally equivalent technologies shall be equipped with automatic dimming technology and certified by the manufacturer or a qualified professional to be compliant with the maximum luminance standards in this subsection (5)(c).

(d)

In the UR, UR-M, and historic (HR, HLO and HLB) zoning districts, signs shall be illuminated only by a source external to the sign.

(e)

In the D1 district, any illumination of a sign shall be directed at the sign from an external, shielded lamp, emitting a warm light, similar to daylight, except:

(i)

Backlighting of individual letters is allowed; and

(ii)

If approval of the sign by the Downtown Design Committee is required, the Committee may allow internal sign illumination, such as neon in limited amounts or incandescent bulbs, or other sign illumination, if the Committee determines the proposed illumination is compatible with the character of the street and with the historic character of individual buildings and the district as a whole.

(6)

Automatic Changeable Copy.

(a)

Automatic changeable copy means the capacity to display words, symbols, figures, or images that can be electronically changed by remote or automatic means, as distinct from conventional manual-change copy.

(b)

Signs incorporating automatic changeable copy are permitted in any zoning district, but are not permitted on any property containing a use listed under the Household Living or Group Living subcategories of the Residential Use category as shown in table 40.2-216 Use Table.

(c)

Signs incorporating automatic changeable copy shall comply with the following standards:

(i)

The display or copy shall remain static prior to each change for a period of not less than eight seconds.

(ii)

Each change of the display or copy shall be accomplished within 0.25 seconds or less if the change is affected by digital means, or two seconds if the change is effected by mechanical means.

(iii)

Each change of the display or copy shall be accomplished without the use of animation, scrolling, or simulated movement.

(iv)

The device that automatically changes the display or copy shall be designed and equipped to maintain a static display if a malfunction occurs.

(7)

Substitution of Content. The replacement of commercial content with noncommercial content on any sign permitted by this section is expressly allowed.

(8)

Maintenance.

(a)

Each sign shall be maintained in good condition at all times. Maintenance shall include, but is not limited to, the following:

(i)

Each sign shall be kept free of holes, tears, and fraying;

(ii)

Each sign shall be kept free of rust, rot, and similar degradation; and

(iii)

Cracked, shattered, or similarly damaged parts of a sign shall be replaced

(b)

In the event that a use has ceased operating on the site for a period of six months, all related sign faces shall be removed by the property owner.

(J)

Permanent Sign Standards.

(1)

Permanent Sign Types Allowed in Each Zoning District. The types of permanent signs allowed in each zoning district are identified in Table 40.2-307(2), Permanent Sign Types Allowed in each Zoning District. For each type of sign, the right-most column references the specific standards that apply to that type of sign.

TABLE 40.2-307(2): PERMANENT SIGN TYPES ALLOWED IN EACH ZONING DISTRICT

(2)

Maximum Total Sign Area per Lot for Permanent Signs.

(a)

On any lot, the maximum total sign area of all permanent signs and any additional sign area restrictions for permanent attached signs and permanent freestanding signs are established in Table 40.2-307(3), Maximum Total Sign Area Per Lot for Permanent Signs, for the zoning district in which the sign(s) is located.

(b)

Where an individual establishment not on a separate lot directly adjoining a street is located in a shopping center, the sign area allowances of such establishment shall be calculated on the basis of its occupancy frontage, which shall be treated for such purposes as if it were street frontage or front building façade.

TABLE 40.2-307(3): MAXIMUM TOTAL SIGN AREA PER LOT FOR PERMANENT SIGNS

(3)

Permanent Attached Sign Standards (On-Site and Off-Premises). The general standards established for each type of permanent attached sign in subsections (a) through (g) below apply in all zoning districts, unless explicitly stated otherwise for specific zoning districts.

(a)

Awning Sign.

(i)

Standards. A permanent attached awning sign shall comply with the following standards:

a.

One awning sign is allowed on a lot for each public street on which the lot has frontage.

b.

Awning signs are allowed only on awnings attached to the ground floor of a building.

c.

An awning sign that is suspended from the bottom of an awning shall:

1.

Not extend horizontally beyond the edges of the awning; and

2.

Maintain a minimum vertical distance of eight feet between the bottom of the sign and the grade directly below the bottom of the sign.

d.

An awning sign that is applied directly to the surface of an awning shall not be illuminated internally or have any form of backlighting.

e.

An awning sign that is mounted on the front or side of an awning shall not extend above the highest point where the awning attaches to the building.

(b)

Banner Pole Sign.

(i)

Standards. A permanent attached banner pole sign shall comply with the following standards:

a.

A banner pole sign may be attached to a privately owned light pole not in the right-of-way.

b.

The surface area of a banner pole sign shall not exceed eight square feet as measured on a single side.

c.

When two banner pole signs are affixed to a single light pole, both banner pole signs shall be consistent with each other with respect to size and shape so as to create uniformity.

d.

When the light pole onto which a banner pole sign is placed is located within the paved portion of a parking lot, and the light pole base is unprotected from vehicular traffic, the bottom of the banner pole sign shall be a minimum of 15 feet above the parking surface over which the banner is placed. If the base of the light pole is protected from vehicular traffic, this provision shall not apply.

e.

When the light pole is located within a pedestrian area, the bottom of the banner pole sign shall be a minimum of eight feet above the surface over which the banner pole sign is placed, unless the banner pole sign is sufficiently narrow so as to not extend beyond the base of the light pole.

f.

Any horizontal supporting members shall either be removed when not in use or shall be of a hinged design and folded into a vertical position when not in use.

g.

A banner pole sign shall not be illuminated in any manner except as incidental to the lighting fixture supported by the light pole.

h.

A banner pole sign shall be equipped with ventilation flaps.

i.

A banner pole sign shall be removed or replaced if faded, torn, ripped, or torn.

(c)

Canopy Sign.

(i)

Standards. A permanent attached canopy sign shall comply with the following standards:

a.

One canopy sign is allowed on each side of a canopy visible from a public street on which the lot has frontage.

b.

A canopy sign shall not extend above, beyond, or below any edge of the vertical face of the canopy roof structure.

c.

The sign area of a canopy sign shall not exceed 20 percent the area of the vertical face of the side of the canopy roof structure to which it is attached.

(d)

Marquee Sign. A marquee sign shall maintain a minimum vertical distance of eight feet between the bottom of the sign and the grade directly below the bottom of the sign.

(e)

Off-Premises Signs and Outdoor Advertising Signs (Attached and Freestanding).

(i)

IL and IN Districts. Off-premises signs and outdoor advertising signs (attached and freestanding) are permitted only in the IL and IN districts after a Use Permit for the sign has been approved by the City Council in accordance with Sec. 40.2-533 Use Permits.

(ii)

Standards. Off-premises signs and outdoor advertising signs (attached and freestanding) shall comply with the following standards:

a.

The maximum sign area shall not exceed 672 square feet;

b.

The maximum height shall not exceed 50 feet;

c.

All such signs shall:

1.

Have no more than two sign faces;

2.

Be located not less than 25 feet from the right-of-way of any public street;

3.

Be located not less than 15 feet from any other lot line, or, if the lot line adjoins property in the NR, GR, UR, or UR-M district, by a distance at least equal to the height of the sign; and

4.

Be erected not less than 500 feet from any other off-premises sign on the same side of the same street.

d.

Off-premises signs and outdoor advertising signs (attached and freestanding) within 660 feet of the right-of-way of any highway classified as an interstate highway or as a federal aid primary highway shall also obtain all necessary approvals from the Virginia Department of Transportation pursuant to Code of Virginia § 33.2-1200 et seq.

(f)

Projecting Sign.

(i)

Standards. A projecting sign shall comply with the following standards:

a.

Not extend more than six feet from a building to which it is attached;

b.

Be perpendicular to the building to which it is attached;

c.

Maintain a minimum vertical distance of eight feet between the bottom of the sign and the grade directly below the bottom of the sign;

d.

Not exceed 12 square feet in area;

e.

Not be illuminated; and

f.

If located within the public right-of-way, comply with the provisions of Sec. 32-7 of the City Code pertaining to street encroachments.

g.

D1 District. In the D1 district, only one projecting sign is permitted per storefront.

(g)

Wall Sign.

(i)

D1 District. In the D1 district, a wall sign shall not obscure moldings or transoms.

(h)

Window Sign. A window sign shall comply with the following standards:

(i)

On any floor of a building, the total sign area of window signs shall not exceed 20 percent of the façade area comprised of windows.

(ii)

A window sign shall not be illuminated by any source other than a source external to the sign.

(4)

Permanent Freestanding Sign Standards (On-Site and Off-Premises). The general standards established for permanent freestanding signs in subsection (a) below and for each type of permanent attached sign in subsections (a) through (e) below, apply in all zoning districts, unless explicitly stated otherwise for specific zoning districts.

(a)

Standards. A permanent freestanding sign shall comply with the following standards:

(i)

One freestanding sign support structure is allowed on a lot for each public street on which the lot has frontage.

(ii)

The sign support structure shall not support multiple co-located signs unless they are placed parallel to a common plane and arranged in one or a combination of the following ways:

a.

Back-to-back;

b.

In rows; or

c.

In columns.

(iii)

A freestanding sign and its supporting structure shall be located not less than:

a.

Seven feet from the front lot line; and

b.

Fifteen feet from any adjoining property located in the NR, GR, UR, UR-M, HR, HLO, or HLB zoning district.

(b)

Ground Sign.

(i)

Standards. In addition to the standards in Sec. 40.2-307(J)(4)(a), a permanent ground sign shall comply with the following standards:

a.

A ground sign shall not exceed a height of 25 feet.

b.

NR, GR, or C District. In the NR, GR, or C district, a ground sign shall:

1.

Not exceed six feet in height; and

2.

Not be illuminated by any source other than a source external to the sign.

c.

UR or UR-M District. In the UR or UR-M districts, a ground sign shall not exceed ten feet in height.

(c)

Monument Sign.

(i)

Standards. In addition to the standards in Sec. 40.2-307(J)(4)(a), a permanent monument sign shall comply with the following standards:

a.

A monument sign shall not exceed a height of 12 feet.

b.

The base of pedestal of a monument sign shall be constructed of brick, stone, concrete, or a material of similar bulk, weight, and durability.

c.

A monument sign shall not be located less than one (1) foot away from any right-of-way.

d.

NR, GR, or C District. In the NR, GR, or C district, a monument sign shall:

i.

Not exceed six feet in height; and

ii.

Not be illuminated by any source other than a source external to the sign.

e.

UR or UR-M District. In the UR or UR-M district, a monument sign shall not exceed eight feet in height.

(d)

Off-Premises Sign (Freestanding). In addition to the standards in Sec. 40.2-307(J)(4)(a), freestanding off-premises sign shall comply with the standards in Sec. 40.2-307(J)(3)(d).

(e)

Pole Sign.

(i)

Standards. In addition to the standards in Sec. 40.2-307(J)(4)(a), a permanent pole sign shall comply with the following standards:

a.

A pole sign shall not exceed a height of 25 feet.

b.

NR or GR District. In the NR or GR district, a pole sign shall:

i.

Not exceed six feet in height; and

ii.

Not be illuminated by any source other than a source external to the sign.

c.

UR or UR-M District. In the UR or UR-M district, a pole sign shall not exceed ten feet in height.

(K)

Temporary Sign Standards.

(1)

Temporary Signs Allowed in Each Zoning District. The types of temporary signs allowed in each zoning district are identified in Table 40.2-307(4), Temporary Signs Allowed in Each Zoning District.

TABLE 40.2-307(4): TEMPORARY SIGNS ALLOWED IN EACH ZONING DISTRICT

(2)

Standards for Temporary Attached Signs.

(a)

Banner Sign. Unless affixed to temporary protective fencing in accordance with this section, a temporary banner sign shall not be displayed for a cumulative period of time longer than 30 days in any calendar year.

(b)

Banner pole sign (Temporary). A temporary banner pole sign shall:

(i)

A temporary banner pole shall maintain a minimum of eight feet clear height above the ground.

(ii)

A temporary banner pole sign shall not be displayed for a cumulative period of time longer than 60 days in any calendar year.

(c)

Inflatable Sign (Attached). A temporary inflatable attached sign shall:

(i)

Project no more than 30 feet above the roof line or top of the building or structure to which they are attached;

(ii)

Not be designed to generate animation or movement; and

(iii)

Be displayed no more than once per year per lot, for a period of time not to exceed seven days.

(d)

Window Sign (Temporary). A temporary window sign shall comply with the standards in Sec. 40.2-307(J)(3)(g).

(3)

Standards for Temporary Freestanding Signs.

(a)

A-frame or T-frame Sign. A temporary freestanding A-frame or T-frame sign shall:

(i)

One sign is permitted per establishment.

(ii)

Sign area shall not exceed two feet in the horizontal dimension and three and one-half feet in the vertical dimension.

(iii)

The sign shall be located in front of, and within 16 feet of the main entrance to, the premises.

(iv)

The placement of signs must not interfere with pedestrian traffic, curb ramps, or access to buildings, driveways, or fire escapes

(v)

The sign shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.

(vi)

The sign shall be internally weighted so that it is stable and windproof.

(b)

Inflatable Sign (Freestanding). A temporary inflatable freestanding sign shall:

(i)

Have a height not exceeding 30 feet above ground level;

(ii)

Not be designed to generate animation or movement; and

(iii)

Be displayed no more than once per year per lot, for a period of time not to exceed seven days.

(c)

Wind Sail Sign. A temporary wind sail sign shall comply with the following standards:

(i)

One temporary wind sail sign is allowed on a lot that has at least 25 feet of street frontage. One additional temporary wind sail sign is allowed on the lot for each additional 50 feet of lot street frontage above 25 feet;

(ii)

A wind sail sign shall not exceed nine feet in height;

(iii)

A wind sail sign shall not be located within 25 feet of another wind sail sign on the same lot.

(iv)

A wind sail sign shall not be located less than seven feet from the right-of-way.

(d)

Yard Sign. A temporary yard sign shall comply with the following standards:

(i)

In addition to signs identified in Sec. 40.2-307(G), Signs Not Requiring a Zoning Permit, up to four temporary yard signs having a combined sign area not exceeding 24 square feet are allowed per lot.

(ii)

A yard sign shall not exceed six feet in height.

(L)

Nonconforming Signs. See Sec. 40.2-508 Nonconforming Signs.

(M)

Alternative Signage Plan.

(1)

Eligibility. Large-scale development with common design elements (such as a shopping center, an office park, or large institutions such as a university or medical center with multiple buildings on a campus) may apply for a Special Exception to authorize alternative signage in accordance with an Alternative Signage Plan that proposes a comprehensive set of signage standards in-lieu of compliance with standards in this section.

(2)

Approval and Amendment Process.

(a)

Special Exception.

(i)

Application, consideration, and approval or denial of a Special Exception permit for an Alternative Sign Plan, and any subsequent amendments to an approval, shall conform to and be governed by the procedures set forth in Sec. 40.2-535 Special Exceptions.

(ii)

In addition to the Special Exception permit standards in Sec. 40.2-535, prior to approval of the Special Exception permit, the Board of Zoning Appeals shall also find that the proposed Alternative Sign Plan is consistent with the purpose of this Section, includes common elements and a consistent design scheme, is consistent with the purposes of the zoning district in which it is located, and is compatible with surrounding development.

(b)

Reserved.

(N)

Alternative Sign Overlay District.

(1)

Purpose. Certain large-scale development with common design elements, including, but not limited to, office parks, entertainment establishments, corporate centers, and medical centers having a multi-building campus, or development that is unique in its design, operating characteristics, and presence in the city, including, but not limited to, outdoor performing arts centers, may present unique development opportunities of special value to the city. In order to ensure that the economic, social, and cultural benefits of that type of development are optimized, the establishment of one or more localized alternative sign overlay districts is authorized to address the unique signage needs and opportunities associated with the development.

(2)

Applicability. The type of large-scale development described in subsection (1) above may be classified to an Alternative Sign Overlay District in accordance with subsection (3) below. All properties located within Alternative Sign Overlay District shall be subject to the signage standards of the Alternative Sign Overlay District in-lieu of the standards in this section.

(3)

Procedure for Establishment. An application for the establishment of an Alternative Sign Overlay District shall be submitted, reviewed, and decided upon in accordance with Sec. 40.2-532 Zoning Text and Zoning Map Amendments. Such an application shall include, at a minimum, the following:

(a)

A description of the boundaries of the proposed district;

(b)

A statement of the reasons for the request; and

(c)

A comprehensive set of signage standards proposed by the applicant to be applied within the district.

(4)

Comprehensive Signage Standards. Comprehensive signage standards in an Alternative Sign Overlay District shall consist of a comprehensive design scheme that:

(a)

Includes common elements;

(b)

Is compatible with the character of the underlying base district;

(c)

Is consistent with the purpose of this Section; and

(d)

Is consistent with surrounding development.

(Ord. No. 2021-46, § 1(Exh. A), 6-22-2021; Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, §§ 5, 31, 5-23-2023)

(A)

Purpose and Intent. Open space set-asides are for the use and enjoyment of a development's residents, employees, and users. Open space set-asides shall not include water bodies such as lakes, ponds, streams, rivers, and other riparian areas. Open space set-asides shall not be built upon (except for active and passive recreational uses), or parked or driven upon (except for emergency access). Open space set-aside standards are intended to:

(1)

Preserve and protect natural features;

(2)

Ensure resident access to open areas and recreation;

(3)

Enhancing stormwater quality;

(4)

Reduce heat island effect; and

(5)

Providing other public health benefits.

(B)

Applicability.

(1)

Unless exempted, the provisions of this section shall be applied to development of all land in the city.

(2)

Exemptions.

(a)

Single-family detached residential;

(b)

Two-family residential;

(c)

Townhouse residential;

(d)

Commercial development;

(e)

Industrial development; and

(f)

Conversion of sites utilizing an existing building (not applicable where existing building is expanded or additional buildings are added).

(C)

Open Space Set-Aside Standards.

(1)

The following developments shall set-aside ten percent of the total development site area for open space:

(a)

Three- to four-family residential development;

(b)

Multi-family residential development; and

(c)

Mixed-use development.

(2)

Three-to-four family, multi-family, and mixed-use development on lots within the Downtown (D1) district shall comply with the open space set-aside standards in Table 40.2-207.

(3)

Open space set-asides required by this section shall not be disturbed, developed, or improved with any structures, parts of any structures, or mechanical equipment., except for structures identified with active or passive recreational uses such as playgrounds, gazebos, jogging trails, waling paths, outdoor sports fields/courts, etc.

(4)

Land shall be compact and contiguous unless the land is used to link or continue an existing or planned open space resource. The site shall be bounded by at least one street, if reasonably practical.

(5)

They shall include at least one improved access from a public sidewalk, street, trail, or easement that includes signage designating the access point.

(D)

Not Counted as Open Space Set-Asides. The following areas shall not be counted as open space set-aside:

(1)

Protected water features such as wetlands;

(2)

Private yards not subject to an open space or conservation easement;

(3)

Public street rights-of-way or private street easements, including sidewalks located within those rights-of-way or easements;

(4)

Open parking areas and driveways;

(5)

Land covered by structures not designated for active or passive recreational uses; and

(6)

Designated outdoor storage areas.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021; Ord. No. 2023-43, § 32, 5-23-2023)

(A)

All utilities within or serving new development (e.g., cable television, electrical (excluding transformers), gas, sewer, telephone, cell, and water lines) shall be placed underground in accordance with Sec. 33.1-53 of the City Code.

(B)

Notwithstanding (A) above, applications to construct a new wireless support structure above ground on private property shall be subject to the requirements and limitations of Code of Virginia § 15.2-2316.4, et seq., and shall be reviewed in accordance with the standards set forth in City Code § 32-137.

(C)

In addition, pursuant to the Code of Virginia subsection 15.2-2316.4:2(B)(2)(d), an application submitted for an administrative review-eligible project or for any zoning approval required for a standard process project that proposes a new structure or to co-locate a wireless facility in an area where all cable and public utility facilities are required to be placed underground may be disapproved on the grounds that an applicant has not given written notice to adjacent landowners at least 15 days before it applied to locate a new structure in the area.

(A)

Purpose. This section is intended to promote sustainable development within the City of Portsmouth by creating bonuses for addressing global climate change, protecting natural resources, reducing stormwater runoff and pollutants, mitigating sea level rise, and ensuring a high quality of life for future Portsmouth residents. The following resilient site and building bonuses are provided below.

(1)

Type of Bonuses.

(a)

Development providing resilient site and building features in accordance with the provisions of this section shall be eligible for bonuses shown in Table 40.2-310(1) and including:

(i)

A total density bonus of up to a maximum of 20 percent beyond the maximum allowable gross residential density;

(ii)

An increase in the maximum allowable height of up to maximum of 20 feet in residential districts and 24 feet in commercial districts beyond the maximum allowed in the base zoning district;

(iii)

An increase in the maximum allowable building coverage by a maximum of 15 percent beyond the maximum allowed in the base zoning district; or

(iv)

A reduction in the off-street parking requirements of up to 15 percent of the minimum amount of required parking.

(B)

Standards.

(1)

Development may include an appropriate number of resilient site and building features to take advantage of more than one type of bonus, but in no instance shall the amount of a bonus be increased or decreased (as appropriate) beyond the maximum listed in this subsection.

(2)

Individual resilient site and building features shall not count as double bonuses if duplicated, unless indicated in Table 40.2-310(2).

(C)

Applicability.

(1)

The bonuses included in this section are available to new development in the commercial, industrial, special, Downtown (D1), and UR-M zoning districts.

(2)

Resilient site and building bonuses shall be limited to those related to building height or gross residential density in the D1 district.

(D)

Procedure.

(1)

Development seeking to use resilient site and building bonuses shall include a written request with the development application.

(2)

Review for compliance with this section, and receipt of a bonus in accordance with this section shall occur during review of a Use Permit (Sec. 40.2-533), a Zoning Text and Zoning Map Amendment (Sec. 40.2-532), a Site Plan (Article IV, Division IV), or a Zoning Permit (Sec. 40.2-530), as appropriate.

(3)

Resilient site and building features required as part of an approved Use Permit can only be modified by City Council.

(4)

The bonus shall be based on the number of resilient site and building features provided, in accordance with Table 40.2-310(1) Resilient Site and Building Bonuses and Table 40.2-310(2) Menu of Resilient Site and Building Features.

TABLE 40.2-310(1): RESILIENT SITE AND BUILDING BONUSES

(E)

Menu of Resilient Site and Building Features. One or more of the following resilient site and building features shown in Table 40.2-301(2) may be offered by an applicant for proposed development in accordance with Table 40.2-310(1), Resilient Site and Building Bonuses.

TABLE 40.2-310(2): MENU OF RESILIENT SITE & BUILDING FEATURES

(Ord. No. 2023-43, § 53, 5-23-2023)