title
To repeal ch. 30, art. IX, div. 6 (§§ 30-950-30-950.5); to amend and reordain City Code §§ 30-402.1, concerning permitted principal uses, 30-402.2, concerning permitted accessory uses and structures, 30-412.1, 30-413.2, 30-413.11, 30-414.1, 30-416.1, 30-418.1, and 30-419.2, all concerning permitted principal uses, 30-419.3, concerning permitted principal uses on corner lots, 30-419.4, concerning permitted accessory uses and structures, 30-420.1, 30-422.1, 30-424.1, 30-426.1, 30-428.1, 30-430.1, and 30-432.1, all concerning permitted principal uses, 30-432.5, concerning compliance with master plan, 30-433.2 and 30-433.11, concerning permitted principal and accessory uses, 30-433.13, concerning yard requirements, 30-434.1, 30-436.1, 30-438.1, and 30-440.1, concerning permitted principal and accessory uses, 30-440.3, concerning yards, 30-442.1, concerning permitted principal and accessory uses, 30-442.4, concerning yards, 30-444.2, concerning permitted principal and accessory uses, 30-444.4, concerning yards, 30-446.2, concerning permitted principal and accessory uses, 30-446.4, concerning yards, 30-447.2, concerning permitted principal and accessory uses, 30-447.3, concerning yards and setbacks, 30-447.4, concerning land area coverage, 30-447.11, concerning permitted principal and accessory uses, 30-447.12, concerning yards and setbacks, 30-447.13, concerning land area coverage, 30-448.1, 30-449.2, 30-450.1, and 30-451.2, all concerning permitted principal and accessory uses, 30-451.5, concerning yard requirements, 30-452.1 and 30-457.2, concerning permitted principal and accessory uses, 30-457.3, concerning principal uses permitted by conditional use permit, 30-691.5, concerning phasing of development, 30-691.7, concerning plan of development, 30-692.1:2., concerning applications for the installation or construction of projects, 30-692.3, concerning permitted use of alternative support structures, 30-692.4, concerning review criteria for installations utilizing alternative support structures, 30-698.3, concerning approvals, 30-1045.6. concerning specific conditions applicable to particular uses, 30-1170.6, concerning enforcement and guarantees; and to amend ch. 30, art. X, div. 4 (§§ 30-1030 - 30-1030.8) concerning plans of development.
body
THE CITY OF RICHMOND HEREBY ORDAINS:
§ 1. That Chapter 30, Article IX, Division 6, consisting of sections 30-950 through 30-950.5, of the Code of the City of Richmond (2020) be and is hereby repealed as follows:
[DIVISION 6. PLAN OF DEVELOPMENT OVERLAY DISTRICTS
Sec. 30-950. Applicability.
This division applies generally to plan of development overlay districts and is for the purpose of setting forth the means of establishing such districts and determining the requirements applicable within each.
Sec. 30-950.1. Intent of districts.
(a) Pursuant to the general purposes of this chapter, the intent of plan of development overlay districts is to provide a means whereby the City Council may establish overlay districts to determine compliance with the technical requirements of this chapter as well as compliance with site planning criteria in this chapter such as the relationship among the various elements of the plan (preservation of landscape, arrangement of buildings and spaces, functions of yards and spaces, parking and circulation), the relationship to the arrangement of abutting sites and to minimize potential adverse influences on and ensure compatibility with nearby uses.
(b) The districts are intended to recognize that business uses located in areas adjacent to or within residential areas and generating traffic which must pass through adjacent residential areas typically have a greater impact on these residential areas than business uses in other locations and that plan of development review provides an opportunity to ensure a more harmonious relationship between these different uses.
Sec. 30-950.2. Application of districts and regulations.
(a) Relation to other districts. Plan of development overlay districts shall be in addition to and shall be applied so as to overlay and be superimposed on such other zoning districts as permitted by subsection (b) of this section and shown on the official zoning map. Any property lying within a plan of development overlay district shall also lie within one or more of such other zoning districts, which shall be known as underlying districts.
(b) Permitted underlying districts. Plan of development overlay districts shall be applied so as to overlay a B-1, B-2, B-3, B-4, RO-3 or TOD-1 district.
Sec. 30-950.3. Establishment of plan of development overlay districts and requirements pertaining thereto.
(a) Establishment of districts. Every plan of development overlay district shall be established by amendment to the official zoning map in the same manner as other zoning map amendments and as provided for by this chapter. Every area designated as a plan of development overlay district by such zoning map amendment shall constitute a separate district which shall be numbered serially in the order of adoption and shown on the official zoning map by a special symbol, pattern or shading depicting the boundaries of the district together with the numerical designation of the district. A description of the boundaries or a map depicting the boundaries of each plan of development overlay district and the date of adoption of the district or amendment thereto shall be set forth in this article.
(b) Application of district regulations. Within each plan of development overlay district, a plan of development as set forth in Article X of this chapter shall be required for:
(1) Construction of any new building or addition to an existing building when such new building or addition occupies more than 1,000 square feet of lot coverage;
(2) Construction of any parking area or parking lot or any addition to or material alteration of the arrangement of any parking area or loading area or vehicle circulation or maneuvering area, including any means of access thereto.
(c) Application of district regulations. In all other respects the regulations normally applicable within the underlying district shall apply to property within the boundaries of the plan of development overlay district. Application of a plan of development overlay district shall not eliminate any specific requirement within an underlying zoning district pertaining to plan of development requirements.
Sec. 30-950.4. Establishment of specific districts.
These divisions shall become effective in areas specified and on dates indicated as follows:
(1) Westover Hills Boulevard/Forest Hill Avenue Plan of Development Overlay District POD-1. On January 12, 1998, this division shall become effective in the Westover Hills/Forest Hill Avenue POD-1 district. The boundaries of such district are as follows: beginning at the intersection of the centerline of Forest Hill Avenue and Prince Arthur Road; thence extending 190 feet, more or less, in a northerly direction along the centerline of Prince Arthur Road to a point; thence extending 1,040 feet, more or less, in an easterly direction along the centerline of a 16-foot-wide east/west alley located between Forest Hill Avenue and Devonshire Road to the centerline of Westover Hills Boulevard; thence extending 50 feet, more or less, in a southerly direction along the centerline of Westover Hills Boulevard to a point; thence extending 743 feet, more or less, along the centerline of a 16-foot-wide east/west alley between Forest Hill Avenue and Devonshire Road to the centerline of West 47th Street; thence extending 200 feet, more or less, in a southerly direction along the centerline of West 47th Street to the centerline of Forest Hill Avenue; thence extending 137 feet, more or less, in an easterly direction along the centerline of Forest Hill Avenue to a point; thence extending 150 feet, more or less, in a southerly direction along a line parallel to the east line of West 47th Street to a point; thence extending 137 feet, more or less, in a westerly direction along a line parallel to the south line of Forest Hill Avenue to the centerline of West 47th Street; thence extending 107 feet, more or less, in a southerly direction along the centerline of West 47th Street to a point; thence extending 561 feet, more or less, in a westerly direction along the centerline of a 14-foot-wide east/west alley between Forest Hill Avenue and Dunstan Avenue to the centerline of a 14-foot-wide north/south alley between Westover Hills Boulevard and West 48th Street; thence extending 400 feet, more or less, in a southerly direction along the centerline of such alley to the centerline of Dunstan Avenue; thence extending 250 feet, more or less, in a westerly direction along the centerline of Dunstan Avenue to the centerline of West 49th Street; thence extending 128.89 feet, more or less, in a southerly direction along the centerline of West 49th Street to the centerline of Clarence Street; thence extending 312.8 feet, more or less, in a westerly direction along the centerline of Clarence Street to a point 277.8 feet west of the west line of West 49th Street; thence extending 720 feet in a northerly direction along a line 277.8 feet west of and parallel to the west line of West 49th Street to a point; thence extending 868 feet, more or less, in a westerly direction along a line 150 feet south of and parallel to the south line of Forest Hill Avenue to the centerline of Jahnke Road; thence extending 190 feet, more or less, in a northerly direction along the centerline of Jahnke Road to the centerline of Forest Hill Avenue; thence extending 18.09 feet, more or less, in an easterly direction along the centerline of Forest Hill Avenue to the point of beginning.
(2) Arts District Station/Monroe Ward Plan of Development Overlay District POD-2. On July 22, 2019, this division shall become effective in the Arts District Station/Monroe Ward Plan of Development Overlay District. The district is bounded by the centerlines of North Belvidere Street and South Belvidere Street on the west, East Broad Street and West Broad Street on the north, the Downtown Expressway on the south, and North 9th Street and South 9th Street on the east. In addition to the criteria by which all plans of development are evaluated, plans of development in the Arts District Station/Monroe Ward Plan of Development Overlay District shall be evaluated to determine if building design is in line with the following six form elements of the Pulse Corridor Plan, as incorporated into the Master Plan for the City of Richmond by Ordinance No. 2017-127, adopted July 24, 2017:
a. Hold the corner. Buildings and spaces at intersections shall have active ground floors that wrap around the corner.
b. Entrances face the street. Main entrances to businesses and residences shall face the street to facilitate pedestrian activity.
c. Appropriate setbacks/stepbacks. Commercial uses shall be closer to the street and residential uses shall be set back to facilitate privacy and to create a semi-public space. Stepbacks at upper stories shall honor existing form without overwhelming it.
d. Transparency. Façade fenestration shall be visible from the street. This is especially important on the ground floor, where fenestration should occupy a higher percentage of the building face.
e. Façade articulation. Long, monolithic façades shall be broken up and made more human-scale by varying the streetwall plane, height, colors, and materials.
f. Screened parking/services. Attractive landscaping shall extend to the sidewalk to help maintain a streetwall and mitigate the disruption caused by surface parking lots and utilitarian services.
Sec. 30-950.5. Pre-application meetings.
Within the boundaries of the Arts District Station/Monroe Ward Plan of Development Overlay District POD-2, applicants must schedule a meeting with the Department of Planning and Development Review before an application is submitted to discuss how a project will align with the goals of the Pulse Corridor Plan and with the six form elements set forth in Section 30-950.4(2).]
§ 2. That sections 30-402.1, 30-402.2, 30-412.1, 30-413.2, 30-413.11, 30-414.1, 30-416.1, 30-418.1, 30-419.2, 30-419.3, 30-419.4, 30-420.1, 30-422.1, 30-424.1, 30-426.1, 30-428.1, 30-430.1, 30-432.1, 30-432.5, 30-433.2, 30-433.11, 30-433.13, 30-434.1, 30-436.1, 30-438.1, 30-440.1, 30-440.3, 30-442.1, 30-442.4, 30-444.2, 30-444.4, 30-446.2, 30-446.4, 30-447.2, 30-447.3, 30-447.4, 30-447.11, 30-447.12, 30-447.13, 30-448.1, 30-449.2, 30-450.1, 30-451.2, 30-451.5, 30-452.1, 30-457.2, 30-457.3, 30-691.5, 30-691.7, 30-692.1:2, 30-692.3, 30-692.4, 30-698.3, 30-1045.6, and 30-1170.6 of the Code of the City of Richmond (2020) be and are hereby amended and reordained as follows:
Sec. 30-402.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-1 district:
(1) Single-family detached dwellings;
(2) Libraries, museums, schools, parks and recreational facilities owned or operated by any governmental agency, and other uses required for the performance of governmental functions and primarily intended to serve residents of adjoining neighborhoods [, provided that a plan of development shall be required as set forth in Article X of this chapter for any such use that is not subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter];
(3) Churches and other places of worship, which may include the serving of food as a charitable or fellowship use within the church or place of worship[, provided that a plan of development shall be required as set forth in Article X of this chapter for any church or other place of worship];
(4) Propagation and cultivation of crops, flowers, trees and shrubs which are not offered for sale on the premises;
(5) Public and private noncommercial forests, wildlife preserves and conservation areas;
(6) Private noncommercial parks, recreational facilities, country clubs, swimming pools, athletic fields, community center buildings and uses incidental thereto, operated by associations or organizations not organized for profit, the exclusive use of which is limited to members of such associations or organizations and their guests, provided that the following conditions are met:
a. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan, except that this provision shall not apply to premises exclusively serving the residents of an adjoining neighborhood;
b. Portions of the premises devoted to outdoor activities shall be effectively screened from view from abutting properties in R and RO districts by evergreen vegetative or structural screens not less than six feet in height;
c. No building shall be located within 50 feet of an adjoining lot in an R and RO district;
d. Swimming pools and adjoining deck areas shall be completely enclosed with a fence or wall not less than four feet in height, and no swimming pool or adjoining deck area shall be located within 50 feet of an adjoining lot in an R or RO district;
[e. A plan of development shall be required as set forth in Article X of this chapter.]
(7) Private elementary and secondary schools having curricula substantially the same as that offered in public schools [, provided that a plan of development shall be required as set forth in Article X of this chapter];
(8) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(9) Antennas and support structures for communications systems operated by or for the City;
(10) Wireless communications facilities and microwave relay facilities, including support structures, on property owned by the City, subject to the requirements for location, character and extent approval by the City Planning Commission in accordance with the requirements of Section 17.07 of the City Charter.
Sec. 30-402.2. Permitted accessory uses and structures.
Accessory uses and structures, including the following, which are customarily incidental and clearly subordinate to permitted principal uses, shall be permitted in the R-1 district (see Article VI, Division 9 of this chapter):
(1) Private garages, garden, tool and storage buildings, boathouses, piers and docks;
(2) Home occupations;
(3) Day nurseries when located within churches, or other places of worship, community centers or school buildings, provided:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(4) Parking areas;
(5) Reserved;
(6) Swimming pools, tennis courts and similar recreational facilities;
(7) Temporary structures, trailers and storage of equipment and materials incidental to construction activities taking place on the premises, provided that such shall be removed upon completion or abandonment of construction. In the case of public improvements construction taking place within a public right-of-way, such construction related activities shall be permitted on property abutting the construction site when approved by the Director of Public Works and when operated and maintained in accordance with standards established by said Director;
(8) Raising or keeping of domestic animals for noncommercial purposes on lots occupied by single-family dwellings, provided that all pens, runs, out-buildings and other facilities for the housing or enclosure of such animals shall be located not less than 200 feet from all property lines. The restrictions set forth in this subsection shall not apply to the keeping of dogs, cats or other household pets or to the keeping of not more than six female chickens in residential districts. In addition, with regard to the keeping of not more than six female chickens:
a. No fenced area, pen or structure for the keeping of such chickens shall be located closer than 15 feet to any dwelling on an adjacent lot;
b. No fenced area or pen for the keeping of such chickens shall be located within any required front yard or street side yard; and
c. No structure for the keeping of such chickens shall be located within any required yard (see Chapter 4);
(9) Temporary housing of not more than 30 homeless individuals within churches or other places of worship, subject to meeting applicable building code and fire code requirements, for up to a total of seven days and only within the time period beginning on October 1 of any year and ending on April 1 of the following year;
(10) Adult day care facilities when located within churches, other places of worship or community centers;
(11) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(12) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(13) One accessory dwelling unit located on the same lot as a single-family dwelling provided that:
a. The accessory dwelling unit cannot exceed one-third of the floor area of the
main single-family dwelling or 500 square feet, whichever is greater.
b. An accessory building with an accessory dwelling unit shall be subject to the requirements of Article VI, Division 9 of this chapter.
c. Access to an accessory building with an accessory dwelling unit shall be provided in accordance with requirements of the Department of Public Works and Department of Fire and Emergency Services.
Sec. 30-412.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-6 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family detached dwellings;
(4) Two-family attached dwellings lawfully existing prior to the effective date of the ordinance from which this section is derived.
Sec. 30-413.2. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-7 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Not more than four dwelling units shall be attached laterally in a series, provided that this provision shall not be applicable in the case of dwelling units existing on the effective date of the ordinance from which this subsection is derived;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family detached dwellings;
(4) Two-family attached dwellings lawfully existing prior to the effective date of the ordinance from which this section is derived.
Sec. 30-413.11. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-8 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1.
(2) Single-family attached dwellings, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments.
b. Not more than four dwelling units shall be attached laterally in a series, provided that this provision shall not be applicable in the case of dwelling units existing on the effective date of the ordinance creating the R-8 district.
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with more than eight newly constructed single-family attached dwellings.]
(3) Two-family detached dwellings.
(4) Two-family attached dwellings, provided that not more than three two-family dwellings shall be attached laterally in a series.
Sec. 30-414.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-43 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family detached dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(6) Adult day care facilities.
Sec. 30-416.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-48 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(6) Adult day care facilities.
Sec. 30-418.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-53 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(6) Tourist homes situated on Federal highways;
(7) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(8) Adult day care facilities.
Sec. 30-419.2. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-63 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1.
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments.
b. Architectural variations shall be provided among units within any series of more than four units.
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings.]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, or a development contains three or more newly constructed two-family attached dwellings, a plan of development shall be required as set forth in Article X of this chapter].
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter].
(5) Dwelling units located in the same building as permitted principal uses on corner lots listed in Section 30-419.3(a), provided that:
a. A single dwelling unit shall have no minimum lot area requirement.
b. Less than three dwelling units shall not have a lot area less than 1,000 square feet for each dwelling.
c. Three or more dwelling units shall be subject to all of the requirements of this district applicable to multifamily dwellings as specified in Section 30-419.5(5).
(6) Live/work units, provided that:
a. Not more than one person who does not reside in the unit shall be employed at any one time in the conduct of the nondwelling activity.
b. Space devoted to the nondwelling activity within such unit shall not exceed 60 percent of the total floor area of the unit.
c. The nondwelling activity shall not involve the sale of products directly to customers on the premises, the housing of persons for compensation, or any group instruction or group assembly involving more than two patrons or clients at any one time.
d. There shall be no process or activity conducted or equipment operated in conjunction with the nondwelling activity that generates any noise, vibration, odor, smoke, fumes, glare or electrical interference discernable to the normal senses outside of the live/work unit. The use and/or storage of hazardous materials of such type or in such quantities not normally permitted in a residential structure shall be prohibited.
(7) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard.
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard.
c. No play equipment or structure shall be located within a front yard or a required side yard.
(8) Tourist homes situated on Federal highways.
(9) Adult day care facilities.
Sec. 30-419.3. Permitted principal uses on corner lots.
(a) In addition to principal uses permitted by Section 30-419.2, the following principal uses shall be permitted on corner lots in the R-63 district subject to the conditions set forth in subsection (b) of this section, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any such uses[, and provided further that a plan of development shall be required as set forth in Article X of this chapter]:
(1) Art galleries, including custom framing in conjunction therewith.
(2) Barber shops and beauty salons, including manicure, spa, tanning and similar services in conjunction therewith.
(3) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises.
(4) Laundromats and laundry and dry cleaning pick-up stations.
(5) Restaurants, tea rooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses in conjunction therewith, but not including establishments providing live entertainment. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No such outside area shall be open to patrons between the hours of 11:00 p.m. and 7:00 a.m.
b. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in an R district other than the R-63 district.
c. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the Planning Commission, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines.
d. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises.
e. Such outside areas shall be included in calculation of the total floor area devoted to the use.
(6) Retail stores.
(7) Offices, including businesses, professional, and administrative offices, and studios of writers, designers, and artists engaged in the graphic and visual arts.
(b) The following conditions shall be applicable to permitted principal uses listed in subsection (a) of this section:
(1) Such uses shall be limited to the ground floor of buildings devoted to other permitted principal uses.
(2) The total floor area devoted to such uses on any lot shall not exceed 1,500 square feet. Additional floor area, not to exceed a total of 5,000 square feet, may be permitted subject to approval of a conditional use permit as set forth in Article X of this chapter.
(3) Such uses shall occupy the portion of the building located at the street corner. Along the principal street frontage of the lot, such uses shall extend no greater distance from the street corner than the equivalent of 15 percent of the total length of the block along such frontage.
Sec. 30-419.4. Permitted accessory uses and structures.
Accessory uses and structures, including the following, which are customarily incidental and clearly subordinate to permitted principal uses, shall be permitted in the R-63 Multifamily District (see Article VI, Division 9 of this chapter):
(1) Any accessory use or structure permitted in the R-1 district as set forth in Section 30-402.2.
(2) Guest units in multifamily developments available for short-term occupancy by guests of regular tenants of such developments, provided that the total number of such guest units shall not exceed one for each 50 dwelling units within the development.
(3) Parking areas located on lots occupied by permitted principal uses when such parking areas serve dwelling uses located elsewhere in the R-63 district, provided that:
a. Off-premises parking areas and lots containing five or more spaces shall be improved as specified in Article VII, Division 2.1 of this chapter.
b. When such parking areas are located on lots occupied by single-family or two-family dwellings, parking spaces shall be accessible directly from an abutting alley without provision of access aisles on the lot.
(4) Parking decks, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this subsection prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade.
b. Except as provided in subsection (5)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
c. Not less than one exit lane and one entrance lane shall be provided, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(5) Automated teller machines accessible only from the interior of buildings devoted to permitted principal uses listed in Section 30-419.3.
Sec. 30-420.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-73 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(6) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(7) Tourist homes situated on Federal highways;
(8) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(9) Parking decks serving uses permitted in this district, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts; provided that no retailing, wholesaling or servicing of merchandise shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(11) Hospitals, but not psychiatric hospitals for the care of patients committed by a court, provided that principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(12) Adult day care facilities;
(13) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(14) Adult care residences[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(15) Permanent supportive housing, subject to the provisions of Section 30-698;
(16) Transitional housing, subject to the provisions of Section 30-698.
Sec. 30-422.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the R-MH district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1, subject to all requirements applicable to such uses in the R-6 district as set forth in Division 7 of this article;
(2) Manufactured home subdivisions on sites of not less than eight acres in area subject to all requirements applicable to single-family detached dwellings in the R-6 district as set forth in Division 7 of this article;
(3) Manufactured home parks on sites of not less than eight acres in area[, provided that a plan of development shall be required as set forth in Article X of this chapter].
Sec. 30-424.1. Permitted principal uses.
The uses of buildings and premises listed in this section shall be permitted in the RO-1 district. [A plan of development shall be required as set forth in Article X of this chapter for all uses permitted in this district unless indicated otherwise in this section.]
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1[, subject to plan of development requirements applicable in such district];
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such development;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family detached dwellings[, provided that a plan of development shall not be required when no more than one main building is to be located on a lot];
(4) Multifamily dwellings[, provided that a plan of development shall not be required when no more than one main building and no more than ten dwelling units are to be located on a lot];
(5) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(6) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts; provided that no retailing, wholesaling or servicing of merchandise shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises;
(7) Private schools offering instruction in skills practiced in connection with the operation of uses permitted in this district;
(8) Funeral homes, provided that:
a. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan;
b. Adequate space shall be provided on the premises for the formation of funeral processions, and no such activity shall take place on public streets;
(9) Communications centers and telephone repeater stations operated by public service corporations [provided that a plan of development shall not be required];
(10) Adult day care facilities.
(11) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
Sec. 30-426.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the RO-2 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(6) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(7) Tourist homes situated on Federal highways;
(8) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(9) Parking decks serving uses permitted in this district, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts; provided that no retailing, wholesaling or servicing of merchandise shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(11) Private schools offering instruction in skills practiced in connection with the operation of uses permitted in this district;
(12) Banks and savings and loan offices, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses, provided that when any bank or savings and loan office includes drive-up facilities or an automated teller machine accessible from the exterior of the building, the following conditions shall apply:
a. No such use shall be located on a transitional site;
b. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan;
c. The floor area of the building devoted to such use shall not exceed 2,500 square feet, and not more than two drive-up teller lanes shall be provided on the premises;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(13) Funeral homes, provided that:
a. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan;
b. Adequate space shall be provided on the premises or immediately adjacent thereto for the formation of funeral processions, and no such activity shall take place on public streets;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(14) Hospitals, but not psychiatric hospitals for the care of patients committed by a court, provided that principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the City's master plan[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(15) Radio broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed ten feet above ground level, or in the case of a building-mounted antenna, ten feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(16) Communications centers and telephone repeater stations operated by public service corporations[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(17) Adult day care facilities;
(18) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(19) Adult care residences[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(20) Permanent supportive housing, subject to the provisions of Section 30-698;
(21) Transitional housing, subject to the provisions of Section 30-698.
Sec. 30-428.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the RO-3 district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Dwelling units;
(3) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(4) Day nurseries licensed by and subject to the requirements of the Virginia Department of Social Services;
(5) Tourist homes;
(6) Parking decks and parking garages serving uses permitted in this district, provided that the following conditions shall apply:
a. No portion of the ground floor of such structure located along a principal or priority street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage having less than five feet of its height above the grade level of the building façade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade. Upper stories of such structure may be used for parking or related circulation of vehicles subject to the fenestration requirements set forth in Section 30-428.11.
b. Except as provided in paragraph a of this subsection, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
[c. A plan of development shall be required as set forth in Article X of this chapter.]
(7) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts; provided that no retailing, wholesaling or servicing of merchandise shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(8) Lodges and similar meeting places;
(9) Banks and savings and loan offices, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses;
(10) Uses owned and operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment, or housing of persons who are currently using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(11) Wireless communication facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(12) Hotels, provided that [the following conditions shall apply:
a. N] no such use shall be located on a transitional site.
[b. A plan of development shall be required as set forth in Article X of this chapter.]
(13) Adult day care facilities;
(14) Art galleries;
(15) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned and operated by a governmental agency or a nonprofit organization, and other uses required for the performance of a governmental function;
(16) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
Sec. 30-430.1. Permitted principal uses.
The following uses of buildings and premises shall be permitted in the HO district:
(1) Any principal use permitted in the R-1 district as set forth in Section 30-402.1;
(2) Single-family attached dwellings and uses and structures customarily incidental to attached dwelling developments, provided that:
a. Appropriate agreements and covenants approved by the City Attorney provide for the perpetuation and maintenance of all areas to be held in common ownership by property owners within such developments;
b. Architectural variations shall be provided among units within any series of more than four units;
[c. A plan of development shall be required as set forth in Article X of this chapter for any development with three or more newly constructed single-family attached dwellings;]
(3) Two-family dwellings[, provided that when more than one main building is to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(4) Multifamily dwellings[, provided that when more than one main building or more than ten dwelling units are to be located on a lot, a plan of development shall be required as set forth in Article X of this chapter];
(5) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(6) Tourist homes situated on Federal highways;
(7) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way;
(8) Parking decks serving uses permitted in this district, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(9) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts; provided that no retailing, wholesaling or servicing of merchandise shall be permitted on the premises nor shall the storage or display of merchandise to be serviced or offered for sale elsewhere be permitted on the premises[, and provided further that a plan of development shall be required as set forth in Article X of this chapter];
(10) Private schools offering instruction in skills practiced in connection with the operation of uses permitted in this district;
(11) Lodges and similar meeting places;
(12) Banks and savings and loan offices, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses, provided that when any bank or savings and loan office includes drive-up facilities or an automated teller machine accessible from the exterior of the building, the following conditions shall apply:
a. No such use shall be located on a transitional site;
b. The floor area of the building devoted to such use shall not exceed 2,500 square feet, and not more than two drive-up teller lanes shall be provided on the premises;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(13) Funeral homes, provided that[:
a. A]adequate space shall be provided on the premises for the formation of funeral processions, and no such activity shall take place on public streets;
[b. A plan of development shall be required as set forth in Article X of this chapter;]
(14) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(15) Radio broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed ten feet above ground level, or in the case of a building-mounted antenna, ten feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(16) Communications centers and telephone repeater stations operated by public service corporations[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(17) Hotels and motels, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(18) Adult day care facilities;
(19) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
Sec. 30-432.1. Permitted principal uses.
The uses of buildings and premises listed in this section shall be permitted in the I district, subject to the master plan requirements set forth in this division. [A plan of development shall be required as set forth in article X of this chapter for any use other than: a single-family detached dwelling; a parking area that constitutes a principal use; a right-of-way, easement or appurtenance for public utilities or public transportation; or a use that is subject to location, character and extent approval by the city planning commission in accordance with section 17.07 of the City Charter.]
(1) Single-family detached dwellings, provided that the regulations applicable to such uses in the R-5 district shall be met;
(2) Day nurseries, provided that:
a. A minimum outdoor play area of 100 square feet for each child enrolled shall be furnished on the premises, but not within a required front yard;
b. The play area shall be enclosed with a continuous opaque structural fence or wall not less than four feet in height, and such fence or wall shall not be located within a required front yard;
c. No play equipment or structure shall be located within a front yard or a required side yard;
(3) Churches, chapels, convents, monasteries and other places of worship, adjunct residential and administrative facilities and other uses operated by, and in conjunction with, religious institutions, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(4) Public and private nonprofit schools and educational institutions, including dormitory, fraternity and sorority houses, classroom, administrative, recreational and student service facilities owned by or operated under the control of such school or institution, provided that no outdoor stadium or grandstand having a seating capacity in excess of 2,500 persons shall be permitted, and provided further that an indoor arena or auditorium having a seating capacity in excess of 2,500 persons shall be used only for educational, religious, cultural, civic, athletic and entertainment activities sponsored by or under the control of such institution, its student government, alumni association or other university i.e., public and private nonprofit schools and educational institutions) related organization;
(5) Libraries, museums and similar uses operated by public or nonprofit agencies;
(6) Hospitals, public health clinics, adult care residences, group homes, adult day care facilities and nursing homes;
(7) Philanthropic, charitable and eleemosynary institutions, including social service delivery uses operated by such institutions;
(8) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia;
(9) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(10) Parking decks serving uses permitted in this district, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
(11) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, utility storage yards and similar uses;
(12) Wireless communications facilities and microwave relay facilities, including support structures, on property owned by the city, subject to location, character and extent approval by the city planning commission in accordance with section 17.07 of the City Charter.
(13) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
Sec. 30-432.5. Compliance with master plan.
Upon submission of a master plan for institutional development as set forth in this division and inclusion of the property in an I Institutional District, no [plan of development] site plan as set forth in Article X of this chapter shall be approved nor shall any building permit or occupancy permit be issued unless such is deemed to be in compliance with this chapter and substantially in accordance with the submitted master plan or subsequent amendment thereto.
Sec. 30-433.2. Permitted principal and accessory uses.
The uses of buildings and premises listed in this section shall be permitted in the UB district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development as set forth in Article X of this chapter shall be required for such uses as specified in this section, and for construction of any new building or any addition to an existing building when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult day care facilities;
(2) Art galleries;
(3) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in Article X of this chapter for any automated teller machine accessible from the exterior of a building];
(4) Catering businesses, provided that not more than five persons are employed on the premises in the conduct of any such business;
(5) Contractors' shops, service and supply establishments, wholesale and distribution establishments and similar uses, provided that the following conditions shall be met:
a. Portions of buildings adjacent to street frontages shall be devoted to office, showroom, display or other facilities accessible to the public, except that on a corner lot this provision shall apply only to the principal street frontage;
b. Not more than 2,000 square feet of floor area shall be used for warehouse purposes;
c. There shall be no outside storage of equipment, materials or supplies;
d. No service or delivery vehicle exceeding an empty weight of 6,500 pounds shall be used in connection with such use;
(6) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(7) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 50 pounds dry weight and the total capacity of all laundry machines shall not exceed 125 pounds dry weight;
(8) Dwelling units contained within the same building as other permitted principal uses, provided that such dwelling units shall be located above the ground floor of the building or to the rear of other permitted principal uses so as not to interrupt commercial frontage in the district, and provided further that the ground floor area devoted to other permitted principal uses shall be a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building and shall be not less than 20 feet in depth along the entire length of a principal street frontage, except for ingress and egress (see Section 30-800.1 for provisions for nonconforming dwelling uses);
(9) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(10) Laundromats and laundry and dry cleaning pick-up stations;
(11) Libraries, museums, parks and noncommercial recreational facilities, when such uses are owned or operated by a governmental agency or a nonprofit organization; and other uses required for the performance of a governmental function and primarily intended to serve residents of adjoining neighborhoods;
(11.1) Nightclubs lawfully existing on the effective date of the ordinance from which this provision is derived, provided that no nightclub use shall be enlarged to occupy a greater floor area than was occupied by the use on the effective date of the ordinance from which this provision is derived, and provided further that if such use is discontinued for a period of two years or longer, it shall no longer be considered a permitted use;
(12) Office supply, business and office service, photocopy and custom printing establishments, provided that not more than five persons are employed on the premises in the conduct of any printing establishment;
(13) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(14) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way[, and provided further that a plan of development shall be required as set forth in Article X of this chapter for construction of any parking area for five or more vehicles which is accessory to and located on the same lot as a use for which a plan of development is required];
(15) Parking decks and parking garages, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. All portions of such structure located along a street that generally functions as the primary orientation of businesses in the district shall not be used for parking of vehicles, but shall be devoted to other permitted principal uses or to means of pedestrian or vehicle access;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(16) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments; provided that not more than five persons are employed on the premises in the conduct of any repair or fabrication activity;
(17) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(18) Postal and package mailing services, but not including package distribution centers;
(19) Professional, business and vocational schools when located above the ground floor of buildings, and provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(20) Recreation and entertainment uses, including theaters, museums and amusement centers; when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site;
(21) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the Planning Commission, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(22) Retail stores and shops;
(23) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(24) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(25) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building, no internal combustion engine shall be repaired or serviced, and not more than five persons shall be employed on the premises in the conduct of any service or repair activity;
(26) Shopping centers containing uses permitted in this district;
(27) Tourist homes;
(28) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, in accordance with the additional requirements of Sections 30-692.1 through 30-692.6 [, provided that a plan of development shall be required as set forth in Article X of this chapter];
(28.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(29) Accessory uses and structures, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-433.11. Permitted principal and accessory uses.
The uses of buildings and premises listed in this section shall be permitted in the UB-2 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development as set forth in Article X of this chapter shall be required for such uses as specified in this section, and for construction of any new building or any addition to an existing building when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult day care facilities;
(2) Art galleries;
(3) Banks, savings and loan offices and similar financial services, including accessory ATMs accessible from the interior or exterior of buildings devoted to such uses [, provided that a plan of development shall be required as set forth in Article X of this chapter for any ATM accessible from the exterior of a building];
(4) Catering businesses;
(5) Day nurseries licensed by and subject to the requirements of the State Department of Social Services;
(6) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight;
(7) Dwelling units contained within the same building as other permitted principal uses, provided that such dwelling units shall be located above the ground floor of the building or to the rear of other permitted principal uses so as not to interrupt commercial frontage in the district, and provided further that a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other permitted principal uses, and such uses shall have a depth of not less than 20 feet along the entire length of a principal street frontage, except for ingress and egress[. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units] (see Section 30-800.1 for provisions for nonconforming dwelling uses);
(8) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(9) Hotels, provided that:
a. No such use shall be located on a transitional site.
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length.
c. The ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsection (2), (3), (8), (16), (22) or (23) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(10) Laundromats and dry cleaning pick-up stations;
(11) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a nonprofit organization;
(11.1) Nightclubs lawfully existing on the effective date of the ordinance from which this provision is derived, provided that no nightclub use shall be enlarged to occupy a greater floor area than was occupied by the use on the effective date of the ordinance from which this provision is derived, and provided further that if such use is discontinued for a period of two years or longer, it shall no longer be considered a permitted use;
(12) Office supply, business and office service, photocopy and custom printing establishments;
(13) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the arts;
(14) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way[, and provided further that a plan of development shall be required as set forth in Article X of this chapter for construction of any parking area for five or more vehicles which is accessory to and located on the same lot as a use for which a plan of development is required];
(15) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this subsection prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Except as provided in subsection (15)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(16) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(17) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(18) Postal and package mailing services, but not including distribution centers;
(19) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(20) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building-mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(21) Recreation and entertainment uses, including theaters, museums and amusement centers; when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site;
(22) Restaurants, tea rooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the Planning Commission, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(23) Retail stores and shops;
(24) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a government agency;
(25) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(26) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building and no internal combustion engine shall be repaired or serviced;
(27) Shopping centers containing uses permitted in this district;
(28) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(29) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(30) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, in accordance with the additional requirements of Sections 30-692.1 through 30-692.6[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(30.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(31) Accessory uses and structures, including ATM's accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-433.13. Yard requirements.
The following yard requirements shall be applicable in the UB-2 Urban Business District (see Article VI, Division 4 of this chapter for supplemental yard regulations):
(1) Front yard.
a. Where no existing buildings are located on adjacent lots along the same street frontage, no front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, except as may be authorized pursuant to subsection (1)d of this section.
b. Where an existing building is located on one adjacent lot along the same street frontage, the front yard shall be the same as the front yard provided for such existing building, but in no case greater than ten feet. Where the front yard of such existing building is greater than ten feet, the front yard requirement shall be ten feet. A front yard with a depth greater than permitted by this paragraph may be authorized pursuant to subsection (1)d of this section.
c. Where existing buildings are located on both adjacent lots along the same street frontage, the front yard shall be the same as the front yard provided for the existing building closest to the street, but in no case greater than ten feet. Where the front yard of the existing building closest to the street is greater than ten feet, the front yard requirement shall be ten feet. A front yard with a depth greater than permitted by this subsection may be authorized pursuant to subsection (1)d of this section.
d. A front yard with a depth greater than permitted by application of the provisions of subsections (1)a through d of this section may be provided when such front yard is improved for purposes of a pedestrian plaza or outdoor dining area as permitted by Section 30-433.11 and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such plan of development] site plan by the Director.
e. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway shall be permitted, and shall not be subject to the provisions of this subsection.
(2) Side yards. No side yards shall be required, except that where a side lot line abuts property in an R or RO district, there shall be a side yard of not less than ten feet in width.
(3) Rear yard. No rear yard shall be required, except that where a rear lot line abuts or is situated across an alley from property in an R or RO district, there shall be a rear yard of not less than 20 feet in depth.
Sec. 30-434.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-1 district, provided that: drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district; no newly constructed building shall contain more than 10,000 square feet of floor area; and the distribution of products or the conduct of services off the premises shall not involve the use of more than two delivery vehicles nor any vehicle having an empty weight exceeding 6,500 pounds:
(1) Adult day care facilities;
(2) Art galleries;
(3) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in article X of this chapter for any automated teller machine accessible from the exterior of a building];
(4) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(5) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(6) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 50 pounds dry weight and the total capacity of all laundry machines shall not exceed 125 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(7) Dwelling units contained within the same building as other permitted principal uses, provided that such dwelling units shall be located above the ground floor of the building or to the rear of other permitted principal uses so as not to interrupt commercial frontage in the district, and provided further that the ground floor area devoted to other permitted principal uses shall be a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building and shall be not less than 20 feet in depth along the entire length of a principal street frontage, except for ingress and egress[. A plan of development shall be required as set forth in article X of this chapter for construction of any new building containing more than ten dwelling units] (see section 30-800.1 for provisions for nonconforming dwelling uses);
(8) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(9) Laundromats and laundry and dry cleaning pick-up stations, provided that such uses shall not be operated between the hours of 11:00 p.m. and 7:00 a.m.;
(10) Libraries, museums, schools, parks and recreational facilities owned or operated by a governmental agency, and other uses required for the performance of a governmental function and primarily intended to serve residents of adjoining neighborhoods;
(11) Office supply, business and office service, photocopy and custom printing establishments, provided that not more than five persons are employed on the premises in the conduct of any printing establishment;
(12) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(13) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(14) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments; provided that not more than five persons are employed on the premises in the conduct of any repair or fabrication activity;
(15) Radio broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed ten feet above ground level, or in the case of a building mounted antenna, ten feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in article X of this chapter shall be required for any ground-mounted antenna];
(16) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses in conjunction therewith, but not including establishments providing live entertainment or establishments where food or beverage is intended to be consumed on the premises outside a completely enclosed building;
(17) Retail stores and shops, provided that not more than 30 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(18) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(19) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building, no internal combustion engine shall be repaired or serviced, and not more than five persons shall be employed on the premises in the conduct of any service or repair activity;
(20) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in article X of this chapter];
(21) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of article X of this chapter and] in accordance with the additional requirements of sections 30-692.1 through 30-692.6;
(21.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(22) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units, provided that outdoor accessory uses such as displays, temporary sales areas, play equipment and similar activities shall not be permitted, nor shall any pay phone or vending machine be located outside of a completely enclosed building. Newspaper boxes shall not be subject to the limitations of this paragraph.
Sec. 30-436.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-2 district, provided that no use which includes a drive-up facility shall be located on a transitional site. [A plan of development shall be required as set forth in article X of this chapter for: such uses as specified in this section; any use with drive-up facilities; and any newly constructed building with greater than 50,000 square feet of floor area; provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the city planning commission in accordance with section 17.07 of the City Charter.]
(1) Adult day care facilities;
(2) Art galleries;
(3) Auto service centers, provided that no such use shall be located on a transitional site, and provided further that the following conditions are met for any such use that includes facilities for dispensing motor fuels:
a. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
b. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street lines;
[c. A plan of development shall be required as set forth in article X of this chapter].
(4) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in article X of this chapter for any automated teller machine accessible from the exterior of a building];
(5) Catering businesses, provided that not more than five persons are employed on the premises in the conduct of any such business;
(6) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698 of this Chapter;
(7) Communications centers and telephone repeater stations operated by public service corporations;
(8) Contractors' shops, offices and display rooms, provided that the following conditions are met:
a. Not more than 2,000 square feet of floor area shall be used for warehouse purposes;
b. There shall be no outside storage of equipment, materials or supplies;
c. No service or delivery vehicle exceeding an empty weight of 6,500 pounds shall be used in connection with such use.
(9) Custom printing and engraving shops not involving the printing of periodicals, books, catalogs or similar items requiring frequent shipment or delivery of large quantities of materials, provided that not more than five persons shall be employed in the conduct of such business;
(10) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(11) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(12) Dwelling units contained within the same building as other permitted principal uses, provided that such dwelling units shall be located above the ground floor of the building or to the rear of other permitted principal uses so as not to interrupt commercial frontage in the district, and provided further that the ground floor area devoted to other permitted principal uses shall be a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building and shall be not less than 20 feet in depth along the entire length of a principal street frontage, except for ingress and egress[. A plan of development shall be required as set forth in article X of this chapter for construction of any new building containing more than ten dwelling units] (see section 30-800.1 for provisions for nonconforming dwelling uses);
(13) Funeral homes;
(14) Furniture repair and upholstery shops, provided that the total floor area of work rooms shall not exceed 2,000 square feet;
(15) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(16) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in article X of this chapter];
(17) Hotels and motels, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(18) Janitorial and custodial service and supply establishments occupying not more than 2,000 square feet of floor area and not involving the use of delivery or service vehicles having an empty weight exceeding 6,500 pounds;
(19) Laundromats and laundry and dry cleaning pick-up stations;
(20) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a governmental agency or a nonprofit organization; and other uses required for the performance of a governmental function and primarily intended to serve residents of adjoining neighborhoods;
(21) Motor fuels dispensing in conjunction with other uses permitted in this district, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
c. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street lines;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(21.1) Nightclubs lawfully existing on the effective date of this provision, provided that no nightclub use shall be enlarged to occupy a greater floor area than was occupied by the use on the effective date of this provision, and provided further that if such use is discontinued for a period of two years or longer, it shall no longer be considered a permitted use;
(22) Office supply, business and office service, photocopy and custom printing establishments, provided that not more than five persons are employed on the premises in the conduct of any printing establishment;
(23) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(24) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way;
(25) Parking decks, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but shall be devoted to other permitted principal uses, which shall have a depth of not less than 20 feet along the principal street frontage, or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this subdivision prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
c. Except as provided in subdivision (a) of this subsection (25), parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(26) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments; provided that not more than five persons are employed on the premises in the conduct of any repair or fabrication activity;
(27) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(28) Postal and package mailing services, but not including package distribution centers;
(29) Private elementary and secondary schools having curricula substantially the same as that offered in public schools;
(30) Professional, business and vocational schools when located above the ground floor of buildings, and provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(31) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in article X of this chapter shall be required for any ground-mounted antenna];
(32) Recreation and entertainment uses, including theaters, museums, amusement centers, lodges and clubs, meeting facilities, auditoriums and assembly halls; when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site;
(33) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the planning commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises.
(34) Retail stores and shops, provided that not more than 50 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(35) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(36) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(36.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(37) Self-service auto washing facilities, either automatic with a single vehicle capacity or hand operated with not more than four washing stalls, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
c. Doors, curtains or screens shall be installed as necessary to prevent water spray from blowing onto adjacent properties;
d. Such use shall not be operated between the hours of 11:00 p.m. and 7:00 a.m.;
[e. A plan of development shall be required as set forth in article X of this chapter.]
(38) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building, no internal combustion engine shall be repaired or serviced except within a completely enclosed soundproof building, and not more than five persons shall be employed on the premises in the conduct of any service or repair activity;
(39) Service stations, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
c. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street lines;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(40) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in article X of this chapter];
(41) Tourist homes;
(42) Wholesale and distribution establishments with not more than 5,000 square feet of floor area devoted to storage of goods, provided that distribution of products shall not involve the use of delivery vehicles having an empty weight exceeding 6,500 pounds;
(43) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of article X of this chapter and] in accordance with the additional requirements of sections 30-692.1 through 30-692.6;
(44) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units. Outdoor accessory uses such as temporary sales and display areas, play equipment, pay phones, vending machines and similar uses shall not be located within 15 feet of any street line or within any required side yard adjacent to an R or RO district or within parking spaces, except that temporary sales and display areas not involving any structures may be located within required front yards. Not more than two vending machines shall be located outside of a completely enclosed building. Newspaper boxes shall not be subject to the limitations of this paragraph.
Sec. 30-438.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-3 district, provided that no use which includes a drive-up facility shall be located on a transitional site. [A plan of development shall be required as set forth in article X of this chapter for: such uses as specified in this section; any use with drive-up facilities; and any newly constructed building with greater than 2,500 square feet of floor area; provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the city planning commission in accordance with section 17.07 of the City Charter.]
(1) Adult care residences[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(1.1) Adult day care facilities;
(2) Art galleries;
(3) Auto service centers, provided that no such use shall be located on a transitional site, and provided further that the following conditions are met for any such use that includes facilities for dispensing motor fuels:
a. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
b. A landscaped buffer having a depth of not less than five feet and providing an evergreen vegetative screen of not less than three feet in height within one year of planting shall be provided along the street frontage of the property;
c. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street line;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(4) Auto, truck, motorcycle, boat, trailer, recreational vehicle, manufactured home and construction equipment sales, rental, service, storage and general repair, and body repair and painting, convertible top and seat cover repair and installation; provided that:
a. No such use shall be located on a transitional site;
b. All facilities involving general repair, body repair and painting and convertible top and seat cover repair and installation shall be located within completely enclosed buildings;
c. No dismantled or junked vehicle unfit for operation on the streets shall be parked or stored outside of an enclosed building;
d. All outdoor areas devoted to storage or display shall be provided with landscaped buffers along streets in accordance with the standards applicable to parking areas and parking lots set forth in subsections 30-710.13(1) and (2) of this chapter;
[e. A plan of development shall be required as set forth in article X of this chapter.]
(5) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in article X of this chapter for any automated teller machine accessible from the exterior of a building];
(6) Building materials and contractors' sales and storage yards and similar uses involving outside storage of materials or products other than scrapped or junked materials, provided that:
a. No such use shall be located on a transitional site;
b. Areas devoted to storage shall be enclosed by opaque fences or walls not less than six feet in height and in no case shall chain link fencing, chain link fencing with slats, or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
(7) Breweries producing not more than 100,000 barrels of beer per year and distilleries producing not more than 250,000 cases of liquor per year, subject to the provisions of section 30-446.3 (6);
(8) Catering businesses;
(9) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(10) Communications centers and telephone repeater stations operated by public service corporations;
(11) Contractors' shops, offices and display rooms;
(12) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(13) Drive-in theaters, provided that:
a. No such use shall be located on a transitional site;
b. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the city's master plan;
c. Theater screens shall be located so as not to face any street or public area;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(14) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(15) Dwelling units[, provided that a plan of development shall be required as set forth in article X of this chapter for construction of any new building containing more than ten dwelling units];
(16) Funeral homes;
(17) Furniture repair and upholstery shops;
(18) Greenhouses and plant nurseries;
(19) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(20) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in article X of this chapter];
(21) Hotels, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(22) Janitorial and custodial service and supply establishments;
(23) Laboratories and research facilities which are not any more objectionable due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises;
(24) Laundromats and laundry and dry cleaning pick-up stations;
(25) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a government or nonprofit organization;
(26) Manufacturing uses of under 15,000 square feet of area, as listed in section 30-452.1 a, excepting 30-452.1(2) a.13;
(27) Marinas, [provided that a plan of development shall be required as set forth in article X of this chapter; and] boathouses, piers and docks;
(28) Motor fuels dispensing in conjunction with other uses permitted in this district, provided that:
a. No such use shall be located on a transitional site;
b. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street lines;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(29) Nursing homes[, provided that a plan of development shall be required as set forth in article X of this chapter];
(30) Office supply, business and office service, photocopy and custom printing establishments;
(31) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(32) Parking decks, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but shall be devoted to other permitted principal uses, which shall have a depth of not less than 20 feet along the principal street frontage, or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this subdivision prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
c. Except as provided in subdivision (a) of this subsection (25), parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(32.1) Permanent supportive housing, subject to the provisions of Section 30-698 of this Chapter;
(33) Personal loan and financial services, provided that such use may not be located within 5,000 feet of another personal loan or financial service;
(34) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(35) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(36) Postal and package mailing services;
(37) Printing, publishing and engraving establishments;
(38) Private elementary and secondary schools having curricula substantially the same as that offered in public schools;
(39) Professional, business and vocational schools;
(40) Public utilities installations, equipment buildings and passenger terminals for public transportation, including servicing of motor vehicles used in connection therewith when such servicing is conducted within a completely enclosed building, and provided that no passenger terminal shall be located on a transitional site;
(41) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in article X of this chapter shall be required for any ground-mounted antenna];
(42) Recreation and entertainment uses, including theaters, museums, amusement centers, bowling alleys, lodges and clubs, meeting facilities, auditoriums and assembly halls, when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site and no music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(43) Recreation uses, outdoor, including golf courses, par three and miniature golf courses, driving ranges, putting greens, temporary carnivals and similar amusement facilities, but not including shooting ranges; provided that:
a. No such use shall be permitted on a transitional site;
b. Such use shall be so located, designed and operated that noise from equipment, machinery or loudspeaker systems is not audible from nearby properties in R or RO districts;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(44) Repair businesses conducted within completely enclosed buildings, provided that any service doors face away from any property in a R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8 or R-63 district;
(45) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8 or R-63 district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the planning commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
d. Drive-through or drive-up windows shall be located at the rear or side of the building and accessed by an alley or a side street where possible;
(46) Retail stores and shops, provided that not more than 70 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(47) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices;
(48) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets;
(49) Self-service auto washing facilities and automatic auto washing facilities operated by attendants, provided that:
a. No such use shall be located on a transitional site;
b. Doors, curtains or screens shall be installed as necessary to prevent water spray from blowing onto adjacent properties;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(50) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building;
(51) Service stations; provided that[:
a. N] no such use shall be located on a transitional site;
[b. A plan of development shall be required as set forth in article X of this chapter.]
(52) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in article X of this chapter];
(52.1) Social service delivery uses, [provided that a plan of development shall be required] in accordance with Section 30-698.3(d);
(53) Tire recapping and vulcanizing shops, provided that:
a. No such use shall be located on a transitional site;
b. Any tire storage must be located behind a continuous evergreen vegetative screen at least eight feet high within three years of planting, or the rear of the building, or otherwise not visible from the street;
(54) Tourist homes;
(54.1) Transitional housing, subject to the provisions of Section 30-69;
(55) Travel trailer parks and campgrounds, provided that no such use shall be located on a transitional site[, and provided further that a plan of development shall be required as set forth in article X of this chapter];
(56) Truck and freight transfer terminals, provided that:
a. No such use shall be located on a transitional site;
b. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the city's master plan;
c. All outdoor areas devoted to truck or trailer storage or parking shall be provided with landscaped buffers along streets in accordance with the standards applicable to parking areas and parking lots set forth in subsections 30-710.13 (1) and (2) of this chapter;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(57) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia;
(58) Wholesale, warehouse and distribution establishments with not more than 20,000 square feet of floor area devoted to storage of goods;
(59) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of article X of this chapter and] in accordance with the additional requirements of sections 30-692.1 through 30-692.6;
(59.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(60) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-440.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-4 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district unless specifically set forth in this section.
[A plan of development shall be required as set forth in article X of this chapter for: such uses as specified in this section; construction of any new building of greater than 50,000 square feet of floor area; and construction of any new building or addition to any existing building where vehicular circulation, including driveways, parking areas or loading areas, is to be provided on the site; provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the city planning commission in accordance with section 17.07 of the City Charter.]
(1) Adult care residences[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(1.1) Adult day care facilities;
(2) Adult entertainment establishments, adult book stores, adult motion picture theaters and massage parlors; provided that the property devoted to any such use shall not be situated within 1,000 feet of property in an R or RO district, nor within 1,000 feet of any property occupied by a church or other place of worship, public or private elementary, intermediate or high school, public library, lodginghouse, emergency housing, transitional housing, permanent supportive housing, tourist home, day care center, nursing home, hotel, motel or other adult entertainment establishment, adult book store, adult motion picture theater or massage parlor;
(3) Art galleries;
(4) Auto rental establishments;
(5) Banks, savings and loan offices and similar financial services, including drive-up facilities in conjunction therewith and accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in article X of this chapter for any such use with drive-up facilities or an automated teller machine accessible from the exterior of a building];
(6) Catering businesses;
(7) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(8) Communications centers and telephone repeater stations operated by public service corporations;
(9) Contractors' shops, offices and display rooms;
(10) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(11) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(12) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage, as shown below, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress[. A plan of development shall be required as set forth in article X of this chapter for construction of any new building containing more than ten dwelling units];
(13) Funeral homes;
(14) Furniture repair and upholstery shops;
(15) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(16) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in article X of this chapter];
(17) Hotels, provided that:
a. No such use shall be located on a transitional site;
b. The ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsections (3), (5), (15), (29), (39) or (40) of this section; provided that not more than 50 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use, except entrances or lobbies existing at the effective date of this subsection that exceed 50 percent of such frontage shall be permitted, but shall not be expanded to occupy a greater percentage of such frontage;
[c. A plan of development shall be required as set forth in article X of this chapter.]
(18) Janitorial and custodial service and supply establishments;
(19) Laboratories and research facilities which are not any more objectional due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises;
(20) Laundromats and laundry and dry cleaning pick-up stations;
(21) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a nonprofit organization;
(22) Marinas, including facilities for dispensing motor fuels, [provided that a plan of development shall be required as set forth in article X of this chapter for any marina; and] boathouses, piers and docks;
(22.1) Permanent supportive housing, subject to the provisions of Section 30-698;
(23) Nursing homes[, provided that a plan of development shall be required as set forth in article X of this chapter];
(24) Office supply, business and office service, photocopy and custom printing establishments;
(25) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(26) Parking decks and parking garages, provided that:
a. No portion of the ground floor of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building facade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building facade. Upper stories of such structure may be used for parking or related circulation of vehicles subject to the fenestration requirements set forth in section 30-440.7(2);
b. Except as provided in paragraph (a) of this subsection (27), parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. Any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
[d. A plan of development shall be required as set forth in article X of this chapter.]
(27) Personal loan and financial services;
(28) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(29) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(30) Postal and package mailing services, but not including package distribution centers;
(31) Printing, publishing and engraving establishments employing not more than 20 persons on the premises;
(32) Private elementary and secondary schools having curricula substantially the same as that offered in public schools;
(33) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(34) Public utilities installations, equipment buildings and passenger terminals for public transportation, including servicing of motor vehicles used in connection therewith when such servicing is conducted within a completely enclosed building, provided that no passenger terminal shall be located on a transitional site;
(35) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in article X of this chapter shall be required for any ground-mounted antenna];
(36) Recreation and entertainment uses, including theaters, museums, amusement centers, lodges and clubs, meeting facilities, auditoriums and assembly halls, when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site;
(37) Repair businesses conducted within completely enclosed buildings;
(38) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the planning commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises.
(39) Retail stores and shops, provided that not more than 70 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(40) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices;
(41) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(42) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building;
(43) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in article X of this chapter];
(44) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(45) Social service delivery uses,[ provided that a plan of development shall be required] in accordance with Section 30-698.3(d);
(46) Tourist homes;
(46.1) Transitional housing, subject to the provisions of Section 30-698;
(47) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in section 54.1-3401 of the Code of Virginia;
(48) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [ provided that a plan of development shall be required in accordance with the requirements of article X of this chapter and] in accordance with the additional requirements of sections 30-692.1 through 30-692.6;
(49) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(50) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-440.3. Yards.
Yard regulations in the B-4 district shall be as follows (see Article VI, Division 4 of this chapter):
(1) Front yard.
a. Where no existing buildings are located on adjacent lots along the same street frontage, no front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, except as may be authorized pursuant to subsection (1)d of this section.
b. Where an existing building is located on one adjacent lot along the same street frontage, the front yard shall be the same as the front yard provided for such existing building, but in no case greater than ten feet. Where the front yard of such existing building is greater than ten feet, the front yard requirement shall be ten feet. A front yard with a depth greater than permitted by this subsection may be authorized pursuant to subsection (1)d of this section.
c. Where existing buildings are located on both adjacent lots along the same street frontage, the front yard shall be the same as the front yard provided for the existing building closest to the street, but in no case greater than ten feet. Where the front yard of the existing building closest to the street is greater than ten feet, the front yard requirement shall be ten feet. A front yard with a depth greater than permitted by this subsection may be authorized pursuant to subsection (1)d of this section.
d. A front yard with a depth greater than permitted by subsections (1)a through c of this section may be provided when such front yard is improved for purposes of a pedestrian plaza, outdoor dining area as permitted by Section 30-440.1 or vehicular drop-off or pick-up area permitted by Section 30-440.4:1, and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
e. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway shall be permitted and shall not be subject to this subsection.
(2) Side yards. No side yards shall be required except as provided in subsection (4) of this section, and except that where a side lot line abuts property in an R or RO district there shall be a side yard of not less than ten feet in width.
(3) Rear yard. No rear yard shall be required except as provided in subsection (4) of this section, and except that where a rear lot line abuts or is situated across an alley from property in an R or RO district, there shall be a rear yard of not less than 20 feet in depth.
(4) Side and rear yards adjacent to shelters. Side and rear yards adjacent to newly constructed buildings or portions thereof devoted to shelters shall be not less than 15 feet in depth.
(5) Spaces between buildings on same lot. Where two or more buildings, at least one of which contains a dwelling use, are erected on the same lot, the distance between any two such buildings shall be not less than 15 feet.
Sec. 30-442.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-5 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development shall be required as set forth in Article X of this chapter for such uses as specified in this section and for any newly constructed building with greater than 50,000 square feet of floor area, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult care facilities;
(2) Art galleries;
(3) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible only from the interior of buildings devoted to such uses;
(4) Day nurseries licensed by and subject to the requirements of the Virginia Department of Social Services;
(5) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(6) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage, as shown on the official zoning map, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress[. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units];
(7) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(8) Hotels, provided that:
a. No such use shall be located on a transitional site;
b. The ground floor of portions of buildings adjacent to principal street frontages or any priority street frontage shall be devoted to those uses specified in subsection (2), (3), (7), (14), (20), or (21) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(9) Laundromats and laundry and dry cleaning pick-up stations;
(10) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a governmental agency or a nonprofit organization; and other uses required for the performance of a governmental function and primarily intended to serve residents of adjoining neighborhoods;
(11) Office supply, business and office service, photocopy and custom printing establishments;
(12) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(13) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage or priority street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage or a priority street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Except as provided in paragraph a of this subsection (13), parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. Any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(14) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(15) Pet shops, veterinary clinics, and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(16) Postal and package mailing services, but not including package distribution centers;
(17) Printing, publishing and engraving establishments employing not more than 20 persons on the premises;
(18) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(19) Recreation and entertainment uses, including theaters and museums, when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site;
(20) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses and entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the planning commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(21) Retail stores and shops;
(22) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(23) Sales lots for Christmas trees, vegetable stands, and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(24) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building;
(25) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(26) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment, or housing of persons who are currently illegally using or are addicted to a controlled substance as that term is defined in Code of Virginia, § 54.1-3401;
(27) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(27.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(28) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-442.4. Yards.
Yard regulations in the B-5 district shall be as follows (see Article VI, Division 4 of this chapter):
(1) Front yard.
a. No front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, provided further that not more than ten percent of the building wall of the street level story along the street shall be set back more than ten feet, except as may be authorized pursuant to subsections (1)b and (1)c of this section.
b. A front yard with a depth greater than permitted by subsection (1)a of this section may be provided when such front yard is improved for purposes of a pedestrian plaza or outdoor dining area as permitted by Section 30-440.1 and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
c. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway shall be permitted, and shall not be subject to this subsection.
(2) Side yards. No side yards shall be required, except that where a side lot line abuts or is situated across an alley from property in an R or RO district there shall be a side yard of not less than ten feet in width.
(3) Rear yard. No rear yard shall be required, except that where a rear lot line abuts or is situated across an alley from property in an R or RO district there shall be a rear yard of not less than 20 feet in depth.
Sec. 30-444.2. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-6 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development shall be required as set forth in Article X of this chapter for such uses as specified in this section; construction of any new building of greater than 50,000 square feet of floor area; and construction of any new building or of any addition to an existing building, other than a single-family detached or two-family detached dwelling, when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage and where vehicular circulation, including driveways, parking areas or loading areas, is to be provided on the site; provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult day care facilities.
(2) Art galleries.
(3) Banks, savings and loan offices and similar financial services, including accessory ATM's accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in Article X of this chapter for any ATM accessible from the exterior of a building].
(4) Catering businesses.
(5) Day nurseries licensed by and subject to the requirements of the State Department of Social Services.
(6) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight.
(7) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage, as shown on the official zoning map, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress. [A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units.]
(8) Entertainment, cultural and recreational uses, including theaters, art galleries, museums, bowling alleys, amusement centers, and other commercial recreation facilities located within completely enclosed buildings.
(9) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises.
(10) Hotels, provided that:
a. No such use shall be located on a transitional site.
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length.
c. The ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsection (2), (3), (9), (17), (22), or (24) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(11) Laundromats and dry cleaning pick-up stations.
(12) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a nonprofit organization.
(13) Office supply, business and office service, photocopy and custom printing establishments.
(14) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the arts.
(15) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way[, and provided further that a plan of development shall be required as set forth in Article X of this chapter for construction of any parking area for five or more vehicles which is accessory to and located on the same lot as a use for which a plan of development is required].
(16) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this paragraphprohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade.
b. Except as provided in subsection (16)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
c. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(17) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments.
(18) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building.
(19) Postal and package mailing services, but not including distribution centers.
(20) Professional, business and vocational schools when located above the ground floor of buildings, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith.
(21) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building-mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna].
(22) Restaurants, tea rooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district.
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the Planning Commission, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines.
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises.
(23) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces which are rented or otherwise made available to such vendors.
(24) Retail stores and shops.
(25) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a government agency.
(26) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building and no internal combustion engine shall be repaired or serviced.
(27) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith.
(28) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401.
(29) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, in accordance with the additional requirements of Sections 30-692.1 through 30-692.6[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(29.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(30) Accessory uses and structures, including ATMs accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-444.4. Yards.
Yard regulations in the B-6 district shall be as follows (see Article VI, Division 4 of this chapter):
(1) Front yard.
a. No front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, provided further that not more than ten percent of the building wall of the street level story along the street shall be set back more than ten feet, except as may be authorized pursuant to subsections (1)b and (1)c of this section.
b. A front yard with a depth greater than permitted by application of the provisions of subsection (1)a of this section may be provided when such front yard is improved for purposes of a pedestrian plaza or outdoor dining area as permitted by Section 30-444.2 and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
c. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway shall be permitted, and shall not be subject to the provisions of this subsection.
(2) Side yard. No side yards shall be required, except that where a side lot line abuts or is situated across an alley from property in an R or RO district there shall be a side yard of not less than ten feet in width.
(3) Rear yard. No rear yard shall be required, except that where a rear lot line abuts or is situated across an alley from property in an R or RO district there shall be a rear yard of not less than 20 feet in depth.
Sec. 30-446.2. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-7 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district, except as specifically authorized by conditional use permit pursuant to Section 30-446.3. [A plan of development shall be required as set forth in Article X of this chapter for such uses as specified in this section; construction of any new building of greater than 50,000 square feet of floor area; and construction of any new building or of any addition to an existing building, other than a single-family detached or two-family detached dwelling, when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage and where vehicular circulation, including driveways, parking areas or loading areas, is to be provided on the site; provided that a plan of development shall not be required for any use, new building or addition that is subject to approval of a conditional use permit or subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult day care facilities.
(2) Art galleries.
(3) Auto service centers, subject to the provisions of Section 30-446.3(6), and provided that[:
a. N] no such use shall be located on a transitional site.
[b. A plan of development shall be required as set forth in Article X of this chapter.]
(4) Banks, savings and loan offices and similar financial services, including accessory ATM's accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in Article X of this chapter for any ATM accessible from the exterior of a building].
(5) Breweries producing not more than 100,000 barrels of beer per year and distilleries producing not more than 250,000 cases of liquor per year, subject to the provisions of Section 30-446.3(6).
(6) Building materials and contractors' sales and storage yards and similar uses involving outside storage of materials or products other than scrapped or junked materials, subject to the provisions of Section 30-446.3(6), and provided that:
a. No such use shall be located on a transitional site.
b. Areas devoted to storage shall be enclosed by opaque fences or walls not less than six feet in height.
[c. A plan of development shall be required as set forth in Article X of this chapter.]
(7) Catering businesses.
(8) Communications centers and telephone repeater stations operated by public service corporations.
(9) Contractors' shops, offices and display rooms.
(10) Day nurseries licensed by and subject to the requirements of the State Department of Social Services.
(11) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight.
(12) Dwelling units, other than a single-family detached, a single-family attached or a two-family dwelling, provided that when dwelling units are located within buildings located on lots having street frontage on Hull Street or Commerce Road, or street-oriented commercial frontage, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire Hull Street and Commerce Road street frontages or along street-oriented commercial frontage, except for ingress and egress, provided that dwelling units shall not be located in any building devoted to a use that is prohibited on a transitional site. [A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units.]
(13) Entertainment, cultural and recreational uses, including theaters, museums, bowling alleys, amusement centers, and other commercial recreation facilities located within completely enclosed buildings.
(14) Funeral homes.
(15) Furniture repair and upholstery shops.
(16) Greenhouses and plant nurseries, subject to the provisions of Section 30-446.3(6).
(17) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises.
(18) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(19) Hotels, provided that:
a. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length.
b. The ground floor of portions of buildings adjacent to principal street frontages or priority street frontages shall be devoted to those uses specified in subsection (2), (4), (17), (30), (37) or (39) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use.
[c. A plan of development shall be required as set forth in Article X of this chapter.]
(20) Janitorial and custodial service and supply establishments.
(21) Laboratories and research facilities which are not any more objectionable due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises, subject to the provisions of Section 30-446.3(6).
(22) Laundromats and dry cleaning pick-up stations.
(23) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a nonprofit organization.
(24) Manufacturing uses of under 15,000 square feet of area, as listed in Section 30-452.1(2)(a), but not allowing paragraph (13), Section 30-452.1(2)(c), Section 30-452.1(2)(d), or Section 30-452.1(2)(e), (34). [A plan of development shall be required as set forth in Article X of this chapter.]
(24.1) Marinas, [provided that a plan of development shall be required as set forth in Article X of this chapter; and] boathouses, piers and docks.
(25) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(26) Office supply, business and office service, photocopy and custom printing establishments.
(27) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the arts.
(28) Parking areas and parking lots, subject to the provisions of Section 30-446.3(6), and provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way[, and provided further that a plan of development shall be required as set forth in Article X of this chapter for construction of any parking area for five or more vehicles which is accessory to and located on the same lot as a use for which a plan of development is required].
(29) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage or priority street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage or priority street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this section prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade.
b. Except as provided in subsection (29)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
c. Any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(30) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments.
(31) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building.
(32) Postal and package mailing services, but not including distribution centers.
(33) Printing, publishing and engraving establishments.
(34) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith.
(35) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building-mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna].
(36) Repair businesses conducted within completely enclosed buildings.
(37) Restaurants, tea rooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district.
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with "Fence and Wall Design Guidelines" adopted by resolution of the City Planning Commission, as amended, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines.
(38) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces which are rented or otherwise made available to such vendors.
(39) Retail stores and shops.
(40) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a government agency.
(41) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site.
(42) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building.
(43) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith.
(44) Tourist homes.
(45) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401.
(46) Uses permitted in the M-1 and M-2 districts and not otherwise listed as permitted uses in this division, when such uses are lawfully existing on the effective date of the ordinance creating the B-7 district to include the property in the B-7 district, and:
a. Such uses shall not be considered nonconforming uses, shall not be subject to the limitations on nonconforming uses set forth in Article VIII of this chapter and, subject to the provisions of Section 30-446.3(6), may be extended, expanded or enlarged to occupy any portion of the property devoted to the use at the time of its inclusion in the B-7 district.
b. Any such use may be changed to another use that is permitted by right or by conditional use permit in the B-7 district, or to a use that is first permitted in the same district as or a more restricted district than the district in which such use is first permitted, subject to the provisions of Section 30-454.1(2).
c. In the case of a building or portion thereof that is vacant on the effective date of the ordinance to include the property in the B-7 district, the last lawful use, subject to the provisions of Sections 30-800.4 and 30-800.5, to occupy such building or portion thereof shall determine the applicability of this subsection.
(47) Wholesale, warehouse and distribution establishments with not more than 30,000 square feet of floor area devoted to storage of goods, subject to the provisions of Section 30-446.3(6)[, and provided that a plan of development shall be required as set forth in Article X of this chapter].
(48) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, subject to the provisions of Section 30-446.3(6), and in accordance with the additional requirements of Sections 30-692.1 through 30-692.6[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(48.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(49) Accessory uses and structures, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-446.4. Yards.
Yard regulations in the B-7 district shall be as follows (see Article VI, Division 4 of this chapter):
(1) Front yard.
a. No front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, provided further that not more than ten percent of the building wall of the street level story along the street shall be set back more than ten feet, except as may be authorized pursuant to subsections (1)b and (1)c of this section.
b. A front yard with a depth greater than permitted by application of the provisions of subsection (1)a of this section may be provided when such front yard is improved for purposes of a pedestrian plaza or outdoor dining area as permitted by Section 30-446.2 and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
c. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway shall be permitted, and shall not be subject to the provisions of this subsection.
(2) Side yard. No side yards shall be required, except that where a side lot line abuts or is situated across an alley from property in an R or RO district there shall be a side yard of not less than ten feet in width.
(3) Rear yard. No rear yard shall be required, except that where a rear lot line abuts or is situated across an alley from property in an R or RO district there shall be a rear yard of not less than 20 feet in depth.
Sec. 30-447.2. Permitted principal and accessory uses.
The uses of buildings and premises listed in this section shall be permitted in the RF-1 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district unless specifically set forth in this section. [A plan of development shall be required for construction of any new building of greater than 45 feet in height or any addition to an existing building when such addition exceeds 45 feet in height, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Retail stores and shops;
(1.1) Specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises; provided that the floor area devoted to any such use shall not exceed 5,000 square feet;
(2) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons;
(3) Catering businesses employing not more than five persons on the premises;
(4) Entertainment, cultural and recreational uses, including theaters, art galleries, museums, bowling alleys, amusement centers, and other commercial recreation facilities or activities, whether indoors or outdoors;
(5) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(6) Marinas, including facilities for dispensing motor fuels, [provided that a plan of development shall be required as set forth in Article X of this chapter for any marina; and] boathouses, piers and docks;
(7) Day nurseries licensed by and subject to the requirements of the Virginia Department of Social Services;
(8) Adult day care facilities;
(9) Dry cleaning and laundering establishments employing not more than five persons on the premises;
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics and studios of writers, designers, artists and others engaged in the arts;
(11) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building-mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(12) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible only from the interior of buildings devoted to such uses;
(13) Shops for the repair of household items, locks, bicycles and similar items, provided that not more than five persons are employed on the premises, and provided further than no gasoline engines shall be repaired or serviced;
(14) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(15) Office supply, business and office service, photocopy and custom printing establishments, provided that not more than ten persons are employed on the premises in the conduct of any printing establishment;
(16) Hotels, provided that:
a. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
b. The ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsection (1), (1.1), (2), (4), (5) or (12) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(17) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage as shown on the official zoning map, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress[. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units];
(18) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(19) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way;
(20) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Except as provided in subsection (20)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(21) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices; but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a governmental agency;
(22) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(23) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(24) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces which are rented or otherwise made available to such vendors;
(24.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(25) Accessory buildings and uses customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-447.3. Yards and setbacks.
Yard regulations in the RF-1 Riverfront District shall be as follows:
(1) Front yard. No front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, except that:
a. A front yard with a depth greater than ten feet shall be permitted when such front yard is improved for purposes of an outdoor dining area as permitted by Section 30-447.2(2), and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
b. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway and no greater than 50 feet in width shall be permitted, and shall not be subject to the provisions of this subsection.
c. The prohibition of a front yard with a depth greater than ten feet shall not be applicable within a designated floodplain.
(2) Side and rear yards. No side or rear yard shall be required, except where a side or rear lot line abuts a property, other than the James River or other public open space, that is not included within the development site, a side or rear yard of not less than 25 feet shall be provided (see Section 30-630.9 for permitted projections and encroachments in required yards).
(3) Riverfront setback. No building or structure shall be located within 50 feet of the mean low-water level along the shore of the James River, provided that the following shall be exempt from this requirement when permitted by the regulations of the Chesapeake Bay Preservation Areas contained in Chapter 14, Article IV:
a. Water-dependent facilities as defined in Section 14-181.
b. Walkways, promenades, decks, gazebos, permitted signs, and similar structures intended to accommodate or provide amenities for pedestrians.
Sec. 30-447.4. Land area coverage.
In the RF-1 Riverfront District, portions of buildings over three stories in height shall occupy not more than 25 percent of land area and shall be situated on the lot in such manner as to maximize to the extent practical, as determined through the [plan of development] site plan review process, views of the James River from public parks as identified in the master plan. For purposes of this Section 30-447.4, the number of stories in a building shall be determined by application of the definition of the term "story" set forth in Article XII of this chapter and shall be measured at the building façade along the street frontage of the lot or, in the case of a corner lot, shall be measured at the building façade along the principal street frontage of the lot.
Sec. 30-447.11. Permitted principal and accessory uses.
The uses of buildings and premises listed in this section shall be permitted in the RF-2 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district unless specifically set forth in this section. [A plan of development shall be required as set forth in Article X of this chapter for such uses as specified in this section and for construction of any new building of greater than 45 feet in height or any addition to an existing building when such addition exceeds 45 feet in height, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Retail stores and shops;
(1.1) Specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises; provided that the floor area devoted to any such use shall not exceed 5,000 square feet;
(2) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons;
(3) Catering businesses employing not more than five persons on the premises;
(4) Entertainment, cultural and recreational uses, including theaters, art galleries, museums, bowling alleys, amusement centers, and other commercial recreation facilities or activities, whether indoors or outdoors;
(5) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(6) Marinas, including facilities for dispensing motor fuels, [provided that a plan of development shall be required as set forth in Article X of this chapter for any marina; and] boathouses, piers and docks;
(7) Day nurseries licensed by and subject to the requirements of the Virginia Department of Social Services;
(8) Adult day care facilities;
(9) Dry cleaning and laundering establishments employing not more than five persons on the premises;
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics and studios of writers, designers, artists and others engaged in the arts;
(11) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building-mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(12) Banks, savings and loan offices and similar financial services, including drive-up facilities in conjunction therewith and accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in Article X of this chapter for any such use with drive-up facilities or an automated teller machine accessible from the exterior of a building];
(13) Shops for the repair of household items, locks, bicycles and similar items, provided that not more than five persons are employed on the premises, and provided further than no gasoline engines shall be repaired or serviced;
(14) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(15) Office supply, business and office service, photocopy and custom printing establishments, provided that not more than ten persons are employed on the premises in the conduct of any printing establishment;
(16) Hotels, provided that:
a. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
b. The ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsection (1), (1.1), (2), (4), (5) or (12) of this section, provided that not more than 30 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(17) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage as shown below, a minimum of one-third or 1,000 square feet, whichever is greater, of the floor area of the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet long the entire street oriented commercial frontage, except for ingress and egress[. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units];
(18) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(19) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way;
(20) Parking decks and parking garages, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this subsection prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade;
b. Except as provided in subsection (20)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
c. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(21) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices; but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a governmental agency;
(22) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(23) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(24) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces which are rented or otherwise made available to such vendors;
(25) Business and professional schools;
(25.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(26) Accessory buildings and uses customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior or exterior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
Sec. 30-447.12. Yards and setbacks.
Yard regulations in the RF-2 Riverfront District shall be as follows:
(1) Front yard. No front yard shall be required. In no case shall a front yard with a depth greater than ten feet be permitted, except that:
a. A front yard with a depth greater than ten feet shall be permitted when such front yard is improved for purposes of an outdoor dining area as permitted by Section 30-447.11(2), and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter. Except where the property is within an old and historic district, the City Urban Design Committee shall review the application and plans and submit a recommendation to the Director of Planning and Development Review prior to approval of such [plan of development] site plan by the Director.
b. A building entrance feature that is set back from the street a greater distance than the primary building façade along the street and that is no greater than two times the width of the building entranceway and no greater than 50 feet in width shall be permitted, and shall not be subject to the provisions of this subsection.
c. The prohibition of a front yard with a depth greater than ten feet shall not be applicable within a designated floodplain.
(2) Side and rear yards. No side or rear yard shall be required, except where a side or rear lot line abuts a property, other than the James River or other public open space that is not included within the development site:
a. A side or rear yard of not less than 25 feet shall be provided (see Section 30-630.9 for permitted projections and encroachments in required yards).
b. No building shall penetrate an inclined plane originating at such lot line and extending over the lot at an inclination of one foot horizontal for each three feet vertical.
(3) Riverfront setback. No building or structure shall be located within 50 feet of the mean low-water level along the shore of the James River, provided that the following shall be exempt from this requirement when permitted by the regulations of the Chesapeake Bay Preservation Areas contained in Chapter 14, Article IV:
a. Water-dependent facilities as defined in Section 14-181.
b. Walkways, promenades, decks, gazebos, permitted signs, and similar structures intended to accommodate or provide amenities for pedestrians.
Sec. 30-447.13. Land area coverage.
In the RF-2 Riverfront District, portions of buildings over four stories in height shall occupy not more than 35 percent of land area and shall be situated on the lot in such manner as to maximize to the extent practical, as determined through the [plan of development] site plan review process, views of the James River from public parks as identified in the master plan. For purposes of this Section 30-447.13, the number of stories in a building shall be determined by application of the definition of the term "story" set forth in Article XII of this chapter and shall be measured at the building façade along the street frontage of the lot or, in the case of a corner lot, shall be measured at the building façade along the principal street frontage of the lot.
Sec. 30-448.1. Permitted principal and accessory uses.
The following uses of building and premises shall be permitted in the CM district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district:
(1) Retail stores and shops;
(1.1) Specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises; provided that the floor area devoted to any such use shall not exceed 5,000 square feet;
(2) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses and entertainment in conjunction therewith, and including areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons;
(3) Entertainment, cultural and recreational uses, including theatres, art galleries, museums, bowling alleys, amusement centers and other commercial recreation facilities located within completely enclosed buildings;
(4) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments; provided that not more than five persons are employed on the premises in the conduct of any repair or fabrication activity;
(4.1) Dry cleaning and laundering establishments employing not more than five persons on the premises;
(5) Shops for the repair of household items, locks, bicycles and similar items, provided that not more than five persons are employed on the premises, and provided further than no gasoline engines shall be repaired or serviced;
(6) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible only from the interior of buildings devoted to such uses;
(7) Hotels and motels[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(8) Parking areas and parking lots, provided that any card reader or other access control device at an entrance to a parking area or parking lot shall be provided with not less than one stacking space situated off the public right-of-way;
(9) Parking decks and parking garages, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers, artists and others engaged in the arts;
(11) Public assembly buildings, auditoriums, convention facilities, meeting rooms and exhibition spaces;
(12) Public schools and private business, professional and vocational schools not involving the use of heavy machinery, welding equipment or internal combustion engines;
(13) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(14) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6;
(14.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(15) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible from the interior of buildings devoted to permitted principal uses.
Sec. 30-449.2. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the DCC district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district unless specifically set forth in this section:
(1) Retail stores and shops;
(1.1) Specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises; provided that the floor area devoted to any such use shall not exceed 5,000 square feet;
(2) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses and entertainment in conjunction therewith, and including areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons;
(3) Entertainment, cultural and recreational uses, including theaters, art galleries, museums, bowling alleys, amusement centers, and other commercial recreation facilities, whether indoors or outdoors;
(4) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments; provided that not more than five persons are employed on the premises in the conduct of any repair or fabrication activity;
(4.1) Dry cleaning and laundering establishments employing not more than five persons on the premises;
(5) Shops for the repair of household items, locks, bicycles and similar items, provided that not more than five persons are employed on the premises, and provided further than no gasoline engines shall be repaired or serviced;
(6) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible only from the interior of buildings devoted to such uses;
(7) Hotel and motels[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(8) Parking areas, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(9) Parking decks and parking garages, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in Article X of this chapter;]
(10) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers, artists and others engaged in the arts;
(11) Public assembly buildings, auditoriums, convention facilities, meeting rooms, exhibition spaces, stadiums and arenas;
(12) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices; but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses, unless owned or operated by a governmental agency;
(13) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(13.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(14) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses.
Sec. 30-450.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the OS district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district:
(1) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers, artists and others engaged in the arts;
(2) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith;
(3) Catering businesses employing not more than 20 persons on the premises;
(4) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(5) Communications centers and telephone repeater stations operated by public service corporations;
(6) Contractors' shops, offices and display rooms;
(7) Furniture repair and upholstery shops;
(8) Janitorial and custodial service and supply establishments;
(9) Libraries, museums, schools, parks and recreational facilities owned or operated by any governmental agency, and similar uses required for the performance of a governmental function and intended to serve residents of adjoining neighborhoods;
(10) Lodges and similar meeting places;
(11) Parking areas serving uses permitted in this district, provided that any card reader or other access control device at an entrance to a parking area shall be provided with not less than one stacking space situated off the public right-of-way;
(12) Parking decks serving uses permitted in this district, provided that:
a. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
b. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[c. A plan of development shall be required as set forth in article X of this chapter;]
(13) Printing, publishing and engraving establishments employing not more than 20 persons on the premises;
(14) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 18 feet above ground level, or in the case of a building mounted antenna, 18 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in article X of this chapter shall be required for any ground-mounted antenna];
(15) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight or passenger depots, loading platforms, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses;
(16) Wholesale, warehouse and distribution establishments in conjunction with office, showroom, display and other facilities generally accessible to the public, provided that:
a. Not more than 20,000 square feet of floor area shall be devoted to warehouse and storage use;
b. Portions of buildings adjacent to public street frontages along which front yards are required shall be devoted to office, showroom, display and other facilities generally accessible to the public;
(17) Incidental retail sales, repair, fabrication and processing activities shall be permitted within the same building as, and in conjunction with office, studio, wholesale, warehouse, distribution, supply and contractors' establishments permitted in this district when such retail sales, repair, fabrication and processing activities are clearly accessory and subordinate to the principal activity conducted on the premises;
(17.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(18) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses.
Sec. 30-451.2. Permitted principal and accessory uses.
The uses of buildings and premises listed in this section shall be permitted in the RP district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development as set forth in Article X of this chapter shall be required for such uses as specified in this section and for construction of any new building or any addition to an existing building when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage, provided that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Research, development and laboratory facilities related to the medical, biotechnology and other life sciences industries;
(2) Offices, including business, professional and administrative offices, and medical and dental offices and clinics;
(3) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(4) Public open spaces and uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(5) Parking decks and parking garages, provided that:
a. No portion of the ground floor of such structure located along a principal street frontage or priority street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage or priority street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade. Upper stories of such structure may be used for parking or related circulation of vehicles subject to subsection c of this section;
b. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way;
c. Parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
[d. A plan of development shall be required as set forth in Article X of this chapter;]
(6) Adult care residences[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(7) Adult day care facilities;
(8) Art galleries;
(9) Banks, savings and loan offices and similar financial services, any accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses[, provided that a plan of development shall be required as set forth in Article X of this chapter for any such use with an automated teller machine accessible from the exterior of a building];
(10) Catering businesses;
(11) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes and, as an accessory use, emergency housing, subject to the provisions of Article VI, Division 15 of this chapter;
(12) Communications centers and telephone repeater stations operated by public service corporations;
(13) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(14) Dwelling units, provided that when such units are located within buildings fronting on streets designated as street oriented commercial frontage, as shown on the official zoning map, the ground floor of the building shall be devoted to other principal uses permitted in this district, and such uses shall have a depth of not less than 20 feet along the entire street oriented commercial frontage, except for ingress and egress[. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units];
(15) Grocery stores, convenience stores, and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(16) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(17) Hotels, provided that[:
a. T] the ground floor of portions of buildings adjacent to principal street frontages shall be devoted to those uses specified in subsections (8), (9), (15), (24), (34), (35), or (36) of this section; provided that not more than 50 percent of the frontage of such ground floor may be devoted to entrances or lobbies serving the hotel use, except entrances or lobbies existing at the effective date of this subsection that exceed 50 percent of such frontage shall be permitted, but shall not be expanded to occupy a greater percentage of such frontage;
[b. A plan of development shall be required as set forth in Article X of this chapter;]
(18) Laundromats, and laundry and dry cleaning pick-up stations;
(19) Libraries, museums, schools, parks, and noncommercial recreational facilities, when such uses are owned or operated by a nonprofit organization;
(20) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(21) Office supply, business and office service, photocopy, and custom printing establishments;
(22) Permanent supportive housing, subject to the provisions of Article VI, Division 15 of this chapter;
(23) Personal loan and financial services;
(24) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(25) Pet shops, veterinary clinics, and animal hospitals, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(26) Postal and package mailing services, but not including package distribution centers;
(27) Printing, publishing and engraving establishments employing not more than 20 persons on the premises;
(28) Public elementary or secondary schools, or private elementary and secondary schools having curricula substantially the same as that offered in public schools;
(29) Professional, business and vocational schools;
(30) Public utilities installations, equipment buildings, and passenger terminals for public transportation, including servicing of motor vehicles used in connection therewith when such servicing is conducted within a completely enclosed building, provided that no passenger terminal shall be located on a transitional site;
(31) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level or, in the case of a building mounted antenna, 15 feet above the surface of the building on which it is mounted[, and that a plan of development as set forth in Article X of this chapter shall be required for any ground-mounted antenna];
(32) Recreation and entertainment uses, including theaters, museums, amusement centers, lodges and clubs, meeting facilities, auditoriums, and assembly halls;
(33) Repair businesses conducted within completely enclosed buildings;
(34) Restaurants, tearooms, cafes, delicatessens, ice cream parlors, and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the City Planning Commission, or their equivalent as determined by the Zoning Administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
b. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(35) Retail stores and shops, provided that not more than 70 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(36) Rights-of-way, easements, and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines;
(37) Sales lots for Christmas trees, vegetable stands, and other seasonal uses, but not including flea markets, and provided no such use shall be located on a transitional site;
(38) Service businesses that service, repair, or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines, and similar household or business items; provided that no products shall be serviced, repaired, stored, or displayed outside a completely enclosed building;
(39) Shopping centers containing uses permitted in this district[, provided that a plan of development shall be required as set forth in Article X of this chapter];
(40) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter;
(41) Showrooms and display areas for goods which are sold at both wholesale and retail on the premises, including the storage and distribution of such goods in conjunction therewith;
(42) Social service delivery uses, [provided that a plan of development shall be required] in accordance with 30-698.3(d);
(43) Tourist homes;
(44) Transitional housing, subject to the provisions of Article VI, Division 15 of this chapter;
(45) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6; and
(46) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units, and including assembly, processing, prototype production activities and indoor storage of materials, when such are located within the same building.
Sec. 30-451.5. Yard requirements.
(a) Front yard.
(1) No front yard shall be required. In no case shall a front yard with a depth of greater than ten feet be permitted, except as may be authorized pursuant to subdivision (a)(2) of this section.
(2) A front yard with a depth greater than permitted by subdivision (a)(1) of this section may be provided when such front yard is improved for purposes of outdoor dining area as permitted by section 30-451.2 or vehicular drop-off or pick-up area permitted by section 30-451.7(a), and is approved subject to a [plan of development] site plan as set forth in Article X of this chapter.
(b) Side yards. No side yards shall be required except that where a side lot line abuts or is situated across an alley from property in an RO district, there shall be a side yard of not less than ten feet in width.
(c) Rear yard. No rear yard shall be required except that where a rear lot line abuts or is situated across an alley from property in an RO district, there shall be a rear yard of not less than ten feet in depth.
Sec. 30-452.1. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the M-1 district:
(1) Any use permitted in the district as set forth in section 30-438.1, provided that:
a. [A plan of development shall not be required for any use except the following: parking decks, parking garages, shopping centers, hotels and motels, motor fuels dispensing in conjunction with other uses permitted in the B-3 district and uses with drive-up facilities;
b.] The prohibition of uses outside of enclosed buildings shall not be applicable in this district;
[c.] b. Except for emergency housing uses, subject to the provisions of Section 30-698, no building shall be erected for dwelling use or converted to such use unless permitted by the board of zoning appeals pursuant to the provisions of section 17.20 of the Charter, in which event such use shall be discontinued within ten years from the date such use is permitted, provided that a building may be used for dwelling purposes by a guard, caretaker or watchman employed in connection with the use of a building or premises permitted in this district;
(2) The following uses and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influence than the minimum amount normally resulting from other uses permitted; such permitted uses being generally light industries that manufacture, process, store and distribute goods and materials and are in general dependent upon raw materials refined elsewhere, and manufacturing, compounding, processing, packaging or treatment as specified of the following or similar products:
a. Food and beverages:
1. Baked goods.
2. Beverages: blending and bottling plants.
3. Chocolate, cocoa and cocoa products: processing and packaging.
4. Coffee, tea and spices: processing and packaging.
5. Condensed milk: processing and canning.
6. Dairy products: creameries and plants.
7. Fruit and vegetable processing, including canning, preserving, drying and freezing.
8. Gelatin products.
9. Glucose and dextrine.
10. Macaroni and noodle manufacturing.
11. Meat products: packing and processing, but not including slaughtering.
12. Oleomargarine: compounding and packaging.
13. Poultry packaging and slaughtering.
b. Metal and metal products:
1. Agricultural or farm implements.
2. Aircraft and aircraft parts.
3. Aluminum extrusion, rolling, fabrication and forming.
4. Automobile, truck, trailer, motorcycle and bicycle assembly.
5. Bolts, nuts, screws, washers and rivets.
6. Containers (metal).
7. Culverts.
8. Firearms.
9. Foundries and foundry products manufacturing.
10. Heating, ventilating, refrigeration and appliance supplies and equipment.
11. Iron or structural steel fabrication.
12. Nails, brads, tacks, spikes and staples.
13. Needles and pins.
14. Plating (electrolytic process).
15. Plumbing supplies.
16. Safes and vaults.
17. Sheet metal products.
18. Silverware and plated ware.
19. Tool, die, gauge and machine shops.
20. Tools and hardware products.
21. Vitreous enameled products.
c. Textiles, bedding and fibers:
1. Garment making, repair and tailoring.
2. Hats.
3. Hosiery mill.
4. Knitting, weaving, printing, dyeing and finishing of textiles and fibers into fabric goods.
5. Rubber and synthetic treated fabrics, but not including rubber and synthetic processing.
6. Yarn, threads and cordage.
d. Wood and paper products:
1. Baskets and hampers.
2. Boxes and crates.
3. Forests and wildlife preserves: public and private.
4. Furniture.
5. Pencils.
6. Pulp goods and paper processing, but not including pulp milling.
7. Shipping containers.
8. Trailers and wagons.
e. Unclassified uses:
1. Animal, poultry and bird raising.
2. Animal pound for detention only.
3. Boat manufacturing (vessels less than five tons).
4. Building materials storage and sales.
5. Bus and other transportation terminals, garages and repair shops.
6. Button manufacturing.
7. Carbon paper and inked ribbon manufacturing.
8. Chewing gum manufacturing.
9. Clay, stone and glass products.
10. Cigar, cigarette, chewing and smoking tobacco manufacturing.
11. Circus and fairgrounds.
12. Coal and coke storage and sales.
13. Concrete products.
14. Contractors' shops and storage yards.
15. Drive-in or outdoor theatres.
16. Dry cleaning and laundering.
17. Exhibition space: enclosed or unenclosed.
18. Electric transformer stations, substations and generating plants.
19. Entertainment and recreational uses.
20. Feed and grain storage.
21. Flour and feed packaging and blending.
22. Fur finishing.
23. Grain blending and packing, but not including milling.
24. Greenhouses.
25. Ice manufacturing.
26. Industrial and vocational training schools.
27. Insecticides, fungicides, disinfectants and related industrial and household chemical compounds (blending only).
28. Kennels.
29. Laboratories and research facilities.
30. Leather goods manufacturing, but not including tanning operations.
31. Livery stables and riding academies.
32. Malt products manufacturing, but not including breweries producing more than 100,000 barrels of beer or distilleries producing more than 250,000 cases of liquor per year.
33. Motion picture production.
34. Pottery and porcelain products.
35. Propagation and cultivation of crops, flowers, trees and shrubs.
36. Public utility storage yard.
37. Railroad passenger and freight depots.
38. Repair and servicing of diesel engines.
39. Repair, servicing, sale and storage of heavy construction equipment.
40. Sanitary landfills operated by governmental agencies.
41. Storage of petroleum products for distribution within the metropolitan area.
42. Support structures used in connection with wireless communications facilities, radio and television broadcast antennas and microwave relay facilities, [provided that a plan of development shall be required in accordance with the requirements of article X of this chapter and] in accordance with the additional requirements of sections [32-692.1] 30-692.1 through [32-692.6] 30-692.6.
43. Wholesale, warehouse and distribution establishments.
(3) Adult entertainment establishments, adult book stores, adult motion picture theaters, and massage parlors, provided that the property devoted to any such use shall not be situated within 1,000 feet of property in an R or RO district, nor within 1,000 feet of any property occupied by a church or other place of worship, public or private elementary, intermediate or high school, public library, lodginghouse, tourist home, day care center, nursing home, hotel, motel or other adult entertainment establishment, adult book store, adult motion picture theater or massage parlor;
(4) Parking areas and parking lots.
(5) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district.
Sec. 30-457.2. Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the TOD-1 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district. [A plan of development shall be required as set forth in Article X of this chapter for such uses as specified in this section and for any newly constructed building with greater than 30,000 square feet of floor area, and construction of any new building or addition to any existing building where vehicular circulation, including driveways, parking areas or loading areas, is to be provided on the site; except that a plan of development shall not be required for any use that is subject to location, character and extent approval by the City Planning Commission in accordance with Section 17.07 of the City Charter.]
(1) Adult day care facilities licensed by and subject to the requirements of the State Department of Social Services.
(2) Art galleries.
(3) Banks, savings and loan offices and similar financial services.
(4) Breweries producing not more than 10,000 barrels of beer per year and distilleries producing not more than 25,000 cases of liquor per year, subject to the provisions of Section 30-446.3(6).
(5) Catering businesses.
(6) Day nurseries licensed by and subject to the requirements of the State Department of Social Services.
(7) Dwelling units, subject to the following:
a. When such units are located within buildings fronting on streets designated as street-oriented commercial frontage, the portion of the ground floor of the building along the street oriented commercial frontage, except for ingress and egress, to a depth of at least 20 feet, shall be devoted to other principal uses permitted in this district or to uses accessory to dwelling units, except for the following:
1. Areas for housing major mechanical equipment which serves the building as a whole or a major portion thereof.
2. Refuse areas.
3. Storage rooms, including areas for bicycles.
4. Corridors.
b. Each dwelling unit shall have a minimum of two exterior windows or exterior doors, or a combination thereof, that can open to the outside.
[c. A plan of development shall be required as set forth in Article X of this chapter for construction of any new building containing more than ten dwelling units.]
(8) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises.
(9) Hospitals, but not psychiatric hospitals for the care of patients committed by a court[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(10) Hotels[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(11) Laundromats and laundry and dry cleaning pick-up stations.
(12) Libraries, museums, and schools.
(13) Laboratories and research facilities which are not any more objectionable due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises, subject to the provisions of Section 30-446.3(6).
(14) Manufacturing, warehouse, and distribution uses of food and beverages as listed in Section 30-452.1(2)(a) of under 8,000 square feet of area, but not allowing paragraph (13), and requiring consumption on premises with a minimum of 1,000 square feet of another principal use. [A plan of development shall be required as set forth in Article X of this chapter.]
(15) Nursing homes[, provided that a plan of development shall be required as set forth in Article X of this chapter].
(16) Office supply, business and office service, photocopy and custom printing establishments.
(17) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts.
(18) Parking decks and parking garages, provided that:
a. No portion of the ground floor of such structure located along a principal street frontage or a priority street frontage shall be used for parking or related circulation of vehicles, but such portion shall be devoted to other permitted principal uses which shall have a depth of not less than 20 feet along the principal street frontage or priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along any principal street frontage or priority street frontage shall be permitted only when no alley or other street frontage is available for adequate access. In the case of a portion of a story located along a street frontage and having less than five feet of its height above the grade level at the building façade along the street frontage, the provisions of this paragraph prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building façade.
b. Except as provided in subdivision a of this subsection, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
c. Any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way.
[d. A plan of development shall be required as set forth in Article X of this chapter.]
(18.1) Parks.
(19) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments.
(20) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building.
(21) Postal and package mailing services, but not including package distribution centers.
(22) Printing, publishing and engraving establishments employing not more than 20 persons on the premises.
(23) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith.
(24) Recreation and entertainment uses, including theaters, except that if such use is situated within 100 feet of any property in any R district, such use shall be located within a completely enclosed building.
(25) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses and entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R district.
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the planning commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines.
(26) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces.
(27) Retail stores and shops.
(28) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices, but not including railroad yards, freight depots, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses.
(29) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items; provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building.
(29.1) Stadiums and arenas, provided that no such use shall be situated within 500 feet of any property in any R district[, and a plan of development shall be required as set forth in Article X of this chapter].
(30) Uses owned or operated by a governmental agency, and uses required for the performance of a governmental function, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401.
(31) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, [provided that a plan of development shall be required in accordance with the requirements of Article X of this chapter and] in accordance with the additional requirements of Sections 30-692.1 through 30-692.6.
(31.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(32) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including but not limited to the following:
a. Automated teller machines, but only when accessible from the interior of buildings or located on an exterior façade of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
b. Flea markets accessory to principal uses specified in section 30-457.2(18.1), (29.1), or (30).
Sec. 30-457.3. Principal uses permitted by conditional use permit.
The following uses of buildings and premises may be permitted in the TOD-1 district by conditional use permit as set forth in Article X of this chapter:
(1) Nightclubs;
(2) Social service delivery uses, provided that:
a. A [plan of development] site plan shall be required as set forth in Article X of this chapter.
b. No property devoted to such use shall be situated within 500 feet of property occupied by another social service delivery use or an adult care residence, group home, lodginghouse or shelter.
c. A management program, addressing not less than the following elements shall be submitted as part of the [plan of development] site plan application. The Director of Planning and Development Review may include as conditions, elements of the management program as part of the approval of a [plan of development] site plan. If a particular element listed below is not applicable to a specific type of use because of the characteristics of that use, the management program shall include a statement of why the element is not applicable:
1. Detailed description of the managing entity, including the organizational structure, names of the board of directors, mission statement, and any bylaws.
2. Detailed description of programs offered on the premises, including operating procedures and characteristics, the intent of the programs and a description of how the programs support a long-term strategy for meeting the clients' needs.
3. Detailed description of off-site programs offered or description of linkages to programs operated by others, or both.
4. Detailed description of the number and type of clients to be served, including an outline of program objectives, eligibility criteria, and requirements for referrals to other programs.
5. Operational details for on-site programs including: hours of operation, number and type of staff, staff qualifications, and typical hours worked by staff; method of client supervision; operating procedures including procedures for orienting a new client to the facility's programs; expectations for clients; prerequisites for continued client enrollment such as a requirement that the client participate in programs; rules of behavior for clients; the location and nature of any security features and arrangements; and names and telephone numbers of persons to contact in emergencies and any emergency procedures.
6. Annual operating budget, including sources of funding.
Sec. 30-691.5. Phasing of development.
On any site where dwelling units are to be developed in phases, affordable dwelling units intended to qualify for density bonus features shall be developed in accordance with the following provisions:
(1) Phasing plan. A phasing plan describing the phasing of construction of affordable dwelling units and market rate dwelling units shall be submitted with the [plan of development] site plan.
(2) Certificates of use and occupancy. Certificates of use and occupancy shall not be approved for more than 50 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for at least 50 percent of the affordable dwelling units constructed on the site. Certificates of use and occupancy shall not be approved for more than 80 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for 100 percent of the affordable dwelling units constructed on the site.
Sec. 30-691.7. [Plan of development] Site plan.
(a) [Plan of development] Site plan required. In addition to [plan of development] site plan requirements that may otherwise be applicable in the district in which the site is located, a [plan of development] site plan shall be required as set forth in Article X of this chapter for all affordable dwelling units intended to qualify for density bonus features authorized by this division.
(b) Indication of affordable dwelling units on plans. All affordable dwelling units intended to qualify for density bonus features authorized by this division shall be indicated on plans accompanying the [plan of development] site plan, together with such additional information as necessary to determine compliance with the provisions of this division.
(c) Approval of [plan of development] site plan. No [plan of development] site plan for a site that includes any of the density bonus features authorized by this division shall be approved by the Director of Planning and Development Review until the affordable dwelling unit program Administrator has provided written certification to the Director that the program criteria necessary to qualify for such density bonus features are met.
Sec. 30-692.1:2. Applications for the installation or construction of projects.
(a) All applications to install or construct projects in the City shall be submitted to the Director in the form of a [plan of development] site plan, all documentation required in section 30-692.2, and any other documentation the Director may require. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application.
(b) Applicants for standard process projects whose proposed projects do not meet applicable criteria of this division 11 may either modify their proposed projects to comply with this division or seek initial approval for their projects by separate application for a special use permit, variance, or other available means of zoning approval. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application for a special use permit, variance, or other available means of zoning approval. Notwithstanding anything to the contrary in this chapter 30, applicants desiring to install or construct administrative review-eligible projects shall not be required to obtain a special exception, special use permit, or variance.
(c) The City shall notify the applicable project applicant by email within ten business days after receiving an incomplete application for any purpose described in subsections (a) or (b) of this section. Such notice shall specify any additional information required to complete the application. Failure by the City to so provide this notice will render the application complete.
(d) Unless the City and applicant mutually agree to extend the application review period, the City shall approve or disapprove a complete application for any purpose described in subsections (a) or (b) of this section within the following periods of time:
(1) For a new structure, within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval;
(2) For the co-location of any wireless facility that is not a small cell facility, within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a).
Failure by the City to approve any such complete applications within the applicable periods above shall render such applications approved.
(e) Following disapproval by the City of any application described in subsections (a) or (b) of this section, the City shall provide the applicant with a written statement of the reasons for such disapproval. If the City is aware of any modifications to the project described in the application that if made would permit the City to approve the project, the City will identify them in such written statement. Subsequent disapproval by the City of a project application incorporating such identified modifications may be used by the applicant as evidence in any appeal asserting the City’s disapproval was arbitrary and capricious.
(f) Disapproval by the City of any application described in subsections (a) and (b) of this section shall (i) not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services, and (ii) be supported by substantial record evidence contained in a written record publicly released within thirty days following the disapproval.
(g) Applications described in section 30-692.4 below shall be subject to subsections (c) through (f) of this section.
Sec. 30-692.3. Permitted use of alternative support structures.
Use of alternative support structures for the uses described in this division shall be permitted on nonconforming properties and properties which are already subject to special use permits, institutional master plans or community unit plans. Such installations shall be deemed to be a permitted alteration of a nonconforming property and shall be deemed in substantial conformance with the special use permit, institutional master plan or community unit plan, provided the installation is in conformance with the review criteria set forth in Section 30-692.4(b), as determined by [plan of development] site plan review, if required, in accordance with Article X of this chapter for nonconforming properties and properties subject to special use permits or institutional master plans, and by final plan review, if required, in accordance with Article IV, Division 30 of this chapter for properties subject to community unit plans.
Sec. 30-692.4. Review criteria for installations utilizing alternative support structures.
(a) The authorization in this chapter for use of alternative support structures provides a less obtrusive alternative to the traditional monopole and tower-based facilities by accommodating installations that are a companion and subordinate use in conjunction with a permitted principal or accessory use of a property. Such installations may include, but not be limited to, rooftop installations; installations on the face of buildings and on the exterior of otherwise permitted rooftop mechanical enclosures; installations on otherwise permitted water towers serving municipal, business or industrial uses; and installations within otherwise permitted ornamental towers and steeples.
(b) The following standards shall be applicable to all installations on alternative support structures:
(1) The maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed 25 feet, except for whip antennas which may result in a combined projection of up to 35 feet, and the hardware on which antennas are mounted shall not project above the alternative support structure by more than 20 feet.
(2) Notwithstanding the provisions of Section 30-692.2(a), applicants for projects meeting the following criteria shall be required to apply for and obtain a certificate of zoning compliance and shall not be required to obtain a [plan of development] site plan or final community unit plan approval:
a. The maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed ten feet; provided, however, if the installation is visible from the principal street frontage, then the maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed five feet in height.
b. The maximum dimensions of the antenna shall not exceed two feet by two feet by two feet or an alternative design not to exceed three cubic feet.
c. The maximum dimensions of any new mechanical enclosures or cabinets located on a support structure where they would be visible shall not exceed five feet by two feet by two feet.
d. Any portion of the installation that is visible from the principal street frontage shall be designed and colored to appear as an element of the alternative support structure, including the use of antennas, cables and equipment that are painted or tinted to match the surface of the alternative support structure to which they are affixed.
Sec. 30-698.3. Approvals.
(a) Prior to the establishment of an emergency housing, transitional housing, or permanent supportive housing use, whether principal or accessory, the owner, tenant, or operator of such building, structure, or premises shall obtain a certificate of zoning compliance in accordance with the conditions specified in this division and in article X, division 3 of this chapter.
(b) Within seven days of receipt of the materials described in section 30.698.3(d) for a certificate of zoning compliance for an emergency housing, a transitional housing, or a permanent supportive housing use, the Zoning Administrator shall provide written notice of such application to:
(1) All owners of real property within 150 feet of the applicant's property;
(2) The Council member representing the district in which the applicant's property is located; and
(3) At least one civic or neighborhood association established in accordance with applicable law that advocates for the district or area in which the applicant's property is located and of which the Zoning Administrator has actual knowledge.
(c) A Certificate of Zoning Compliance for an emergency housing use shall be valid for one (1) year. If a property owner with a valid Certificate of Zoning Compliance for emergency housing seeks to continue such use for one (1) additional year, the property owner shall submit all documentation to the City, as specified in this Division, no later than sixty (60) days prior to the date of expiration of its Certificate of Zoning Compliance to ensure timely issuance of a new Certificate of Zoning Compliance, provided property owner satisfies all other conditions for such issuance.
(d) Issuance of a Certificate of Zoning Compliance for an emergency housing, transitional housing, permanent supportive housing, or social service delivery use shall be subject to (i) approval by the Director of Planning and Development Review of a [plan of development] site plan, in accordance with Article X, Division 4 of this Chapter, in the event building permits are needed to engage in such use, and (ii) submittal to the Zoning Administrator of a filing that shall include, at minimum, the location and description of the following, including an operations information statement as described below:
(1) The parcel and all buildings and structures thereon, both permanent and temporary;
(2) Access control points and any fencing and screening for the parcel and all buildings and structures;
(3) The use and occupancy of each room or space inside a building or structure, including accommodations for sleeping, accommodations for sanitary health and hygiene (e.g. sinks, toilets, latrines, showers, or washing stations); and accommodations for food preparation;
(4) The size of emergency ingress points, egress points, and evacuation routes;
(5) Smoke alarms, carbon monoxide alarms, and fire extinguishers; and
(6) An operations information statement that shall include, at minimum, the following:
a. The name of the operating entity, its articles of incorporation or similar organizational document and its bylaws, if any, and a statement of the operating entity's experience providing emergency housing, transitional housing, permanent supportive housing, or social service delivery;
b. Anticipated dates, days, and hours of operation;
c. Maximum intended number of overnight occupants, which shall at all times be in compliance with all applicable provisions of building, fire, health, and zoning codes;
d. List of requirements for admission of occupants;
e. Description of each staff position, qualifications necessary for each position, and a statement of the anticipated number of staff serving in such positions;
f. Statement of intention, or not, to provide occupants meals, minor medical care, job counseling, substance abuse counseling, and services to help occupants transition to more permanent housing, and if so, whether provision of each will be on or offsite; and
g. Statement of intention, or not, to participate in the Greater Richmond Continuum of Care coordinated entry system.
Sec. 30-1045.6. Specific conditions applicable to particular uses.
The conditions set forth in this section shall be applicable to all the following uses as indicated when authorized by conditional use permit, provided that the city council may impose such additional or more stringent conditions as deemed necessary to ensure the use will comply with the standards set forth in this article and elsewhere in this chapter:
(1) Emergency housing, transitional housing, or permanent supportive housing. A property with an emergency housing, transitional housing, or permanent supportive housing use shall comply, at minimum, with the provisions of article VI of this chapter.
(2) Social service delivery uses. A property with a social service delivery use shall, at minimum, submit a [plan of development] site plan in accordance with Section 30-698.3(d).
(3) Nondwelling uses occupying the ground floor of existing buildings in the R-8 district. The following conditions shall be applicable to nondwelling uses occupying the ground floor of existing buildings in the R-8 district:
a. Before approving a conditional use permit for any such use, the city council shall make a finding that the location of the property, the type of use and the scale and operational characteristics of the use are such that, if approved, the use can reasonably be expected to primarily serve the adjacent neighborhood and be sustainable as a neighborhood convenience use, and will avoid traffic, parking congestion, noise and other impacts that more typically result from uses that draw patrons from outside a neighborhood.
b. For any nondwelling use operating with an ABC license, such use shall not be operated between the hours of 10:00 p.m. and 6:00 a.m.
c. Alterations to the exterior of the building, including facade treatment, fenestration, signage and lighting shall be designed to maximize compatibility with the residential character of the surrounding area. Elevation drawings of the building shall be submitted as part of the conditional use permit application.
d. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the portion of the building devoted to the use.
e. An operations plan, addressing not less than the following elements and providing such information as necessary to enable the city council to make the finding described in paragraph "a" of this subsection, shall be submitted as part of the conditional use permit application:
1. Operational characteristics and features of the use, including: staffing levels; hours of operation; type of ABC license and related restrictions, if applicable; floor plan showing general arrangement of the use and seating capacity of tables and other facilities for patrons, if applicable; description of intended use of the upper floor(s) of the building, including floor plans and plans for ingress and egress; provisions for containing trash and refuse generated by the use, including screening of containers, and means of preventing trash from blowing onto adjacent properties or streets; and provisions for off-street parking, if applicable.
2. Provisions for security, including procedures, features, arrangements and staffing levels for such for both the interior and exterior of the premises, and a plan and procedures for mitigating potential adverse impacts on nearby dwelling uses. The planning commission may recommend and the city council may include as conditions, such elements of the operations plan as it deems necessary to satisfy the standards set forth in this section or in section 30-1045.5 of this chapter.
(4) Retail sales of liquor. The following conditions shall be applicable to retail sales of liquor:
a. Except as provided in subdivision (b) of this subsection (5), such use shall be located within a retail establishment having a total floor area greater than 5,00 square feet, and in which not greater than 50 percent of the total floor area is devoted to the sale and storage of alcoholic beverages as defined by the Code of Virginia;
b. In the case of a retail establishment existing on the effective date of this subsection and having on such date a total floor are of 5,000 square feet or less and greater than 50 percent of the total floor area devoted to the sale and storage of alcoholic beverages as defined by the Code of Virginia, the city council may waive the conditions of subdivision (a) of this subsection (5) when the city council is satisfied that the other applicable provisions of this subsection are met, and provided that in no case shall the existing total floor area of the establishment and the existing percentage of floor devoted to the sale and storage of alcoholic beverages be increased;
c. Such use shall not take place at any time between the hours of 10:00 p.m. and 10:00 a.m.;
d. Drive-up facilities shall not be permitted in conjunction with such use, and retail sales of liquor shall take place only within the interior of the building;
e. The exterior features, including façade treatment, fenestration, signage and lighting, of the building in which such use is located shall be designed to maximize compatibility with the predominant character of surrounding commercial and residential areas, and elevation drawings of the buildings showing such features shall be submitted as part of the conditional use permit application, except that such drawings shall not be required in a case where no changes are to be made to the exterior of an existing building; and
f. The conditional use permit shall be approved by the city council only if the applicant satisfies the council that the size and location of the user are reasonably related to the trade area that such use is intended to serve, and will not result in a disproportionate concentration of such uses within any particular area of neighborhood of the city or have a detrimental impact on the surrounding area due to close proximity to residential area or public, religious or child care facilities.
(5) Nightclubs. A management program shall be submitted as part of the conditional use permit application. The planning commission may recommend and the city council may include as conditions such elements of the management program as it deems necessary to satisfy the standards set forth in section 30-1045.5. If a particular element listed is not applicable to a specific nightclub because of the characteristics of the nightclub, the management program shall include a statement of why the element is not applicable. The minimum required elements of the management program are as follows:
a. Operational characteristics and features of the nightclub, including the following:
1. Staffing levels;
2. Hours of operation, and days of the week on which the establishment will be operated as a nightclub;
3. Type of Virginia Alcoholic Beverage Control license and related restrictions;
4. Floor plan showing the general arrangement and seating capacity of tables and bar facilities, dance floor and standing room areas and capacity, which floor plan shall be posted on the premises in a prominent location viewable by the patrons;
5. Total occupant load; and,
6. General type, frequency and hours of entertainment to be provided;
b. Provisions for off-street parking; and
c. Provisions for security and crowd management, including the following:
1. Provisions for a level of security and crowd management sufficient to comply with the requirements of chapter 6, article V of this code, whether or not the nightclub is required to obtain a public dance hall permit;
2. Procedures, features, arrangements and staffing levels for security and crowd management for both the interior and exterior of the premises; and
3. A plan and the procedures for mitigating potential adverse impacts on nearby dwelling and business uses.
(6) Parking areas and parking lots in the B-4 and B-5 district. The following conditions shall be applicable for parking areas and parking lots in the B-4 or B-5 district:
a. The access, landscaping, screening, and arrangement of the parking area or parking lot shall be reviewed by the Urban Design Committee prior to the review of the application for the conditional use permit by the Planning Commission. The Urban Design Committee may recommend to the Planning Commission that the Planning Commission recommend that the City Council approve the conditional use permit or may recommend that the Planning Commission recommend that the City Council impose additional conditions. In making its recommendation, the Urban Design Committee shall consider at least the standards set forth in section 30-1045.5 and the parking improvement requirements and landscaping standards set forth in section 30-710.10 through 30-710.16.
(7) Lodginghouses. A property with a lodginghouse use shall, at minimum, submit a [plan of development] site plan in accordance with Section 30-698.3(d).
Sec. 30-1170.6. Enforcement and guarantees.
(a) Authority of Zoning Administrator. The Zoning Administrator shall be vested with all necessary authority on behalf of the City Council to administer and enforce conditions attached to a rezoning or amendment to the zoning map, including the following:
(1) The ordering in writing of the remedy of any noncompliance with conditions;
(2) The bringing of legal action to ensure compliance with conditions, including injunction, abatement or other appropriate action or proceeding; and
(3) Requiring a guarantee satisfactory to the City Council in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the City Council or its agent upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.
(b) Denial of permits and approvals. Failure to meet all conditions attached to an amendment to the zoning map shall constitute cause to deny approval or issuance of any required [plan of development] site plan, certificate of zoning compliance, building permit, or certificate of use and occupancy, as may be appropriate.
§ 3. That Chapter 30, Article X, Division 4 of the Code of the City of Richmond (2020), consisting of sections, 30-1030 through 30-1030.8, be and is hereby amended and reordained as follows:,
DIVISION 4. [PLAN OF DEVELOPMENT] SITE PLAN
Sec. 30-1030. Intent.
[Pursuant to the general purposes of this chapter, the intent of the plan of development review and approval process is to ensure compliance with the technical requirements of this chapter, as well as the site planning criteria set forth in this division and elsewhere in this chapter, and to enhance the general character and overall quality of development by encouraging efficient and functional relationships among the various elements of site plans, encouraging safe pedestrian movement by reducing vehicular conflicts with pedestrians, promoting compatible arrangement of abutting sites, and minimizing potential adverse influences on and ensuring compatibility with nearby uses.]
The purpose of this division is to establish rules to govern the content, submittal, review, and validity of site plans for certain proposed development to ensure such development complies with the requirements of this chapter, and other applicable, duly adopted laws, regulations, and policies, prior to issuance of a building permit or certificate of occupancy. The compliance review for which this division provides is not intended to be a substitute or alternative for any other compliance review required by this Code.
Sec. 30-1030.1. [When required] Definitions.
[A plan of development shall be required for such uses in such districts as specified in Article IV and Article IX of this chapter pertaining to district regulations, and no certificate of use and occupancy for a newly established use requiring a plan of development and no building permit, land-disturbing permit or driveway permit involving the construction, enlargement, conversion, exterior modification or relocation of a building, structure or site occupied or intended to be occupied by such use shall be approved by the Zoning Administrator, granted by the Commissioner of Buildings or issued by any other City official unless required plans for such use, building or site shall have been reviewed and approved by the Director of Community Development, in accordance with the requirements set forth in this article. A plan of development shall not be required for wireless communications facilities meeting the criteria set forth in Section 30-692.4(b)(2). In the case of changes or modifications to the site of a use existing at the effective date of this provision, the following shall apply:
(1) For a use that requires a plan of development under the provisions of this chapter, but for which no plan of development has previously been approved, a plan of development shall be required for:
a. Construction of any new building or of any addition to an existing building when such new building or addition occupies a cumulative total of more than 1,000 square feet of lot coverage, provided that a plan of development shall be required for any industrialized building located in an R district;
b. Any increase in the number of dwelling units on the site;
c. Enlargement of the site occupied by the use when such enlargement exceeds a cumulative total 1,000 square feet of lot area; or
d. Addition of a cumulative total of more than 1,000 square feet of outdoor area devoted to active recreation or play area on the site; or
e. Construction of a new parking area, expansion of an existing parking area by five or more spaces, or any material alteration of the arrangement of any parking area, loading area or related vehicle circulation or maneuvering area.
(2) For a use that requires a plan of development under the provisions of this chapter, and for which a plan of development has previously been approved, an amended plan of development shall be required for:
a. Construction of any new building or of any enlargement of a building or site occupied by the use;
b. Construction of a new parking area, expansion of an existing parking area by five or more spaces, or any material alteration of the arrangement of any parking area, loading area or related vehicle circulation or maneuvering area; or
c. Any material change in the exterior of a building, landscaping, screening, signage, lighting, or any other feature specifically addressed by the previously approved plan of development.]
The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Days” means calendar days. When the last day for any required act to occur falls on a Saturday, Sunday, or legal holiday recognized by the City of Richmond, the act may be completed on the next calendar day the City is open for business.
“Development” means a tract of land developed or to be developed as a unit under single ownership or unified control which is used or is to be used for any business or industrial purpose or contains or is to contain three (3) or more residential dwelling units, but excluding any tract of land which will be principally devoted to agricultural production.
“Director” means the Director of Planning and Development Review.
“Officially submitted site plan” means a site plan that has been submitted as part of a complete site plan application.
“Site plan” means a proposal for a development of real property that is intended to assure compliance of the proposed development with the requirements of Chapters 25 and 30 of this Code, and with other duly adopted statutes, ordinances, regulations, and policies that may apply to the development as shown in the proposal, by description of the use, location, and bulk of buildings; density of development; common open space; any public facilities; any covenants, grants, easements, and other conditions required by law; and such other information as required by this division. When “site plan” is not preceded by the words preliminary or final, then such reference shall apply to both.
Sec. 30-1030.2. [Filing of application and submission of plans] General provisions.
[Application and plans shall be submitted to the Director of Planning and Development Review in accordance with written policy established by the Director. Applicants are encouraged to participate in a pre-application conference with appropriate Department of Planning and Development Review staff prior to preparation of plans and before filing an application for approval of a plan of development.]
(a) Director as designated agent. The Director shall be the agent responsible for site plan review and shall have the following related powers and duties:
(1) To receive, process, and act on every site plan submittal, to include without limitation the rejection of site plans not officially submitted, and the approval or, in the event of identified deficiencies, disapproval of each officially submitted site plan;
(2) To interpret applicable, duly adopted laws, regulations, and policies in performance of the review described in 30-1030.4(d);
(3) To establish, publish, and update from time to time, guidance and procedural materials consistent with this division that discuss required site plan content and aid in the efficient administration of this division; and
(4) To delegate the powers and duties described in this subsection (a) to qualified City employees.
(b) Scope of review. The Director shall review every officially submitted site plan for compliance with the following:
(1) Chapter 25 (Subdivision of Land) and Chapter 30 (Zoning) of this Code; and
(2) Any other duly adopted law, regulation, or policy that governs an element of a development, to the extent such element is shown on a site plan, including without limitation the following chapters of this Code:
a. Chapter 13 - Fire Prevention and Protection;
b. Chapter 14 - Floodplain Management, Erosion and Sediment Control, and Drainage;
c. Chapter 23 - Solid Waste;
d. Chapter 24 - Streets, Sidewalks, and Public Ways; and
e. Chapter 28 - Utilities.
Compliance review of a site plan in accordance with this division shall be subject to the limitations set forth in 30-1030.2.(e) below.
(c) Eligible applicant. Only the owner of land that is the subject of a site plan, the owner’s lawfully authorized representative, or a proprietor of such land with owner’s consent, may submit an application for site plan review. If there are multiple owners of the land, all such persons, or their authorized representatives, shall authorize submittal of an application for site plan review.
(d) References. Whenever reference is made to a regulation, policy, or procedure, it shall mean the most recent, published, and publicly available version of such regulation, policy, or procedure, unless otherwise specifically stated.
(e) Limitations. The following limitations shall apply to this division:
(1) Site plan approval shall not fulfill any other approval requirement imposed on a proposed development by this Code or other applicable law, regulation, or policy, or serve as the basis for any such approval.
(2) No advisory letter issued in accordance with Section 30-1030.4(a)(4) shall operate as approval or disapproval of a site plan or as evidence of compliance with this division or any other law, regulation, or policy.
(3) The Director shall not be responsible for assessing compliance of a site plan with the terms of any private easement, covenant, agreement, or restriction.
Sec. 30-1030.3. [Review of plans and action by Director of Planning and Development Review] Applicability.
[After complete submission of the required application and plans as set forth in Section 30-1030.2, and after payment of the required plan of development review fee, such plans shall be reviewed by Department of Planning and Development Review staff and such other City agencies as deemed appropriate by the Director of Planning and Development Review. Such reviews shall be conducted in accordance with procedures set forth in written policy established by the Director. Upon completion of all reviews, the Director shall:
(1) Approve the plan of development by noting such on the plans;
(2) Approve the plan of development with conditions noted on the plans or otherwise provided in writing to the applicant; or
(3) Disapprove the plan of development with appropriate notations on the plans or with explanation provided in writing to the applicant indicating the reasons for disapproval or changes necessary to receive approval.]
(a) Preliminary site plan. Submittal of a preliminary site plan for tentative approval is permitted for any development.
(b) Final site plan. Prior to zoning administrator review of an application for building permit or certificate of occupancy, a development on a lot within fifty (50) feet of the James River floodwall, a development for which site plan review is required by this Chapter, or a development that involves one (1) or more of the following, shall require final site plan approval:
(1) Clearing, grading, excavating, filling, or otherwise disturbing a land area of
a. Four thousand (4,000) square feet or greater, or
b. Two thousand, five hundred (2,500) square feet or greater if within a designated Chesapeake Bay Preservation Act Area;
(2) Installation, relocation, extension, upgrading, upsizing, or increase in the capacity of any public right-of-way or public utility, including the addition or alteration of any vehicular access to a lot;
(3) An increase of ten (10) percent or greater in the number of vehicular parking spaces, or where a proposed development includes new installation of any of the following: vehicular drive-ups, drive-throughs, fuel pumps, or charging stations intended for public use; or
(4) Increase in the usable space of any building or structure by two thousand five hundred (2,500) or more square feet, as measured by applicable building codes.
Sec. 30-1030.4. [Criteria] Procedures.
[The Director of Planning and Development Review shall approve the plan of development if the Director finds the following criteria to be met; otherwise, the Director shall disapprove the plan of development. In reviewing the plan of development and taking action thereon, the Director shall also take into consideration the objectives of the City of Richmond Master Plan as approved and amended by the City Council.
(1) Preservation of landscape and other natural features. The natural landscape of the site shall be preserved by retaining mature, healthy trees and natural topography except where removal or thinning of trees and alteration of topography is necessary to accommodate building sites, recreation areas, parking and driveway areas, necessary drainage facilities and utility systems. Appropriate ground cover, trees and other vegetative materials shall be retained or planted to prevent excessive stormwater runoff, erosion, siltation and dust, and to enhance the general appearance of the site and its compatibility with nearby sites.
(2) Arrangement of buildings and spaces.
a. Buildings shall be located on the site or designed in such a manner that the fronts of buildings do not face into rear yards or service areas of other buildings located either within the site or adjacent to it, except where privacy walls, fences, plant materials or topographic features provide screening therefrom.
b. Where a site abuts an interstate/freeway or principal or minor arterial street as designated in the master plan, railroad or another site developed or intended to be developed for uses potentially incompatible with the proposed use, buildings and open spaces shall be so located, designed and arranged as to provide reasonable separation from such features or uses. Where necessary to achieve such separation, trees or other vegetative materials shall be retained on the site or supplemented by additional planting or the erection of appropriate walls or fences.
(3) Functions of yards and spaces. Yards, spaces between buildings and other open spaces required by the provisions of this chapter shall be located with respect to buildings and other site improvements and shall be improved so as to reasonably serve the purposes for which such yards and spaces are intended by this chapter, those purposes being: provision of light and air, separation between buildings, separation between incompatible functions, enhancement of privacy and promotion of public health and safety.
(4) Parking and circulation.
a. Driveways and areas for the parking and circulation of vehicles shall be located, designed and improved so as to provide for safe and convenient circulation within the site and safe and convenient access from adjoining streets and shall be in accordance with established traffic engineering standards and the driveway policy of the City. Among factors to be considered shall be the number and location of driveways and access drives to and from adjacent streets and alleys, the distances between such driveways and access drives, the location and width of driveways and access aisles to parking spaces, the arrangement of parking areas and the means of access to buildings for firefighting apparatus and other emergency vehicles. The number of driveways to and from streets shall be the fewest necessary to provide safe and convenient access, and wherever possible, cross-access between abutting sites and shared driveways shall be provided.
b. Parking areas and driveways shall be clearly identified and separated from principal pedestrian routes and recreation areas by curbs, pavement markings, planting areas, fences or similar features designed to promote pedestrian safety.
c. Vehicle access to adjoining streets should be located and designed in accordance with the following criteria:
1. Where the predominant established character of development is urban in nature, typically with buildings located at or near the street line and with no parking located between buildings and the street, vehicle access to the site from arterial and collector streets should be avoided when adequate local street or alley access is available to the site, unless restricting access to a local street or alley would clearly result in an adverse traffic impact on an adjoining residential district. In the case of a corner lot where local street or alley access is not available, vehicle access from the principal street frontage should be avoided.
2. Where the predominant established character of development is suburban in nature, typically with buildings set back from the street line and with parking located between buildings and the street, vehicle access to the site from local residential streets and from alleys abutting residential districts should be avoided when adequate arterial or collector street access is available to the site.
d. Vehicle parking and circulation areas and sidewalks, walkways and other amenities for pedestrian use shall be located, designed and arranged so as to encourage safe pedestrian movement within and adjacent to the site and to minimize conflicts between vehicles and pedestrians.
(5) Compatibility with surrounding development and community character. The arrangement and general character of buildings, spaces and other components of the plan of development shall be designed with consideration for compatibility with the established general character of surrounding development and promotion of the community character goals, policies and strategies pertaining to gateways and image corridors, historic and architectural resources, and urban design as set forth in Chapter 9 of and elsewhere in the City of Richmond Master Plan, as approved and amended by the City Council.
In determining if the above criteria are met, the Director of Planning and Development Review shall consult with appropriate City agencies and may seek such additional technical advice as deemed necessary. The Director shall have the authority to attach conditions to the approval of a plan of development, where such conditions are necessary to ensure conformance with the intent and purpose of the criteria set forth in this article or the regulations set forth elsewhere in this chapter.]
(a) Pre-submittal conference.
(1) Prior to submittal of a site plan application, an applicant may request, in writing, that the Director hold a pre-submittal conference to discuss the scope, features, and impacts of a proposed development and applicable regulations, policies, and procedures. As part of such request, an applicant shall submit a complete pre-application package, to include all drawings, data, and related materials described in procedures published by the Director for one of the following types of review, as specified by the applicant:
a. Conceptual review. Review of the general feasibility of the proposed development based on the physical characteristics of the land, its designated future land use in the master plan, its existing or proposed zoning designation, and the availability and capacity of transportation networks and utility infrastructure; or
b. Preliminary review. Preliminary compliance review of proposed development, as shown by an accurate site plan, in consideration of applicable, duly adopted laws, regulations, and policies.
(2) The Director shall have ten (10) days from receipt of a complete pre-application request to determine the date of the pre-application conference, which shall occur as soon as reasonably possible given the complexity of the proposed development. Required pre-application conference attendees shall include the Director, or their designee, and the applicant, or the applicant’s authorized representative.
(3) The Director shall promptly distribute a submitted and complete pre-application request to the directors of all affected city departments, who shall in turn assign qualified staff to examine the request and provide comments to the Director at least three (3) days prior to the date of the pre-application conference.
(4) Within ten (10) days following the date of a pre-application conference, the Director shall provide the applicant an advisory letter that discusses, but makes no formal determination about, one or more of the following:
a. Potential or likely deficiencies among the pre-application package materials, or markings of such deficiencies on those materials, and the laws, regulations or policies with which the deficiencies do not comply;
b. Discretionary modifications or corrections to the development described in the pre-application package that, though not required, would in the opinion of the Director promote health, safety, morals, comfort, prosperity, and general welfare in accordance with the spirit and intent of identified sections of City Code; and
c. Other permits and approvals the applicant may need to secure prior to, or in conjunction with, construction of the development described in the pre-application package materials.
(b) Submittal.
(1) An applicant shall submit a site plan application for review and approval in accordance with procedures published by the Director.
(2) Within ten (10) days from receipt of a site plan application, the Director shall notify the applicant whether the site plan application is complete. A complete site plan application is one for which both of the following apply:
a. The site plan application is submitted in accordance with this subsection (b), including without limitation the payment of all applicable fees; and
b. The site plan application includes, per procedures published by the Director or as the Director otherwise requests, all drawings and data needed for evaluation of the site plan in accordance with the scope of review described in section 30-1030.2(b).
(3) If the Director determines a site plan application is complete, the Director shall notify the applicant that the site plan has been officially submitted for approval, effective as of the date applicant submitted such complete application.
(c) State review.
(1) Within ten (10) days from the time a site plan is officially submitted, the Director shall determine whether any feature of such site plan requires approval from any state agency or public authority authorized by state law.
(2) If any feature of an officially submitted site plan requires approval from any state agency or public authority authorized by state law, the Director shall notify the applicant of such requirement and forward such site plan to each applicable state agency and public authority for review. The Director may proceed with city review described in Section 30-1030.4(d) during such time, but shall not complete such review before receipt of all approvals from all applicable state agencies and public authorities.
(3) If no feature of an officially submitted site plan requires approval from any state agency or public authority authorized by state law, the Director shall proceed with city review.
(d) City review.
(1) The Director shall distribute an officially submitted site plan to the directors of all affected city departments, as determined by the Director. The Director and the directors of all other affected city departments shall assign one or more qualified staff to thoroughly review the site plan in accordance with the scope of review described in section 30-1030.2.(b) and in good faith identify all site plan deficiencies, if any.
(2) Within thirty (30) days following receipt of an officially submitted site plan from the Director, the director of each affected city department shall provide the following to the Director:
a. A written list of specific deficiencies of a site plan, or markings of specific deficiencies on the site plan itself;
b. The laws, regulations or policies with which the deficiencies do not comply; and
c. Modifications or corrections needed for compliance.
(3) Within thirty (30) days from receipt of a site plan from the Director, the director of each affected city department may provide the Director, in writing, a separate list of discretionary modifications or corrections to a site plan that, while not required, would in the opinion of such Director promote health, safety, morals, comfort, prosperity, and general welfare.
(4) The Director shall develop their own written list as described in paragraph (d)(2) above, may develop their own written list as described in paragraph (d)(3) above, and shall consolidate such lists with those received from the directors of all other affected city departments into a single document of site plan comments, which document shall distinguish site plan modifications and corrections necessary for site plan approval from discretionary site plan modifications and corrections.
(e) Decision.
(1) The Director shall render a decision to approve or disapprove an officially submitted site plan in the form of a written notice to the applicant within one of the following timeframes:
a. sixty (60) days from the date an original site plan was first officially submitted; or
b. forty-five (45) days from the date a modified and corrected site plan that was previously disapproved was officially resubmitted; or
c. thirty-five (35) days from the date all applicable state agencies and public authorities authorized by state law have provided the Director their written responses for a site plan that requires such responses.
(2) The Director shall approve a site plan if the Director concludes both of the following apply:
a. The site plan complies with the duly adopted statutes, ordinances, regulations, and policies described in Section 30-1030.2.(b), as affirmed by the director of each affected city department; and
b. The site plan has received all needed state agency and public authority approvals.
(3) Notwithstanding the above, the Director may, by provision for variation in or exception from the general regulations of Chapter 25 of this Code, approve an officially submitted site plan that does not strictly comply with Chapter 25 of this Code in the event either of the following apply:
a. The Director reasonably concludes from evidence presented by applicant that strict application of the regulations of Chapter 25 of this Code actually prohibit or unreasonably restrict the use of the property due to exceptional topographic conditions or other extraordinary or exceptional circumstances or conditions;
b. The Director is satisfied, upon presentation of evidence by applicant, that strict adherence to one or more regulations of Chapter 25 of this Code would result in substantial injustice or hardship.
(4) The Director shall disapprove a site plan if the Director concludes either of the following apply:
a. The site plan fails to comply with all applicable duly adopted statutes, ordinances, regulations, and policies described in Section 30-1030.2.(b);
b. The site plan has not received all needed state agency and public authority approvals.
(5) In the event of disapproval, the Director shall provide the applicant with the following in addition to the written notice of disapproval:
a. A written list of specific deficiencies of a site plan or markings of specific deficiencies on the site plan itself;
b. The laws, regulations, or policies with which the deficiencies do not comply; and
c. To the greatest extent practicable, modifications or corrections that would permit site plan approval.
(6) Notwithstanding the approval or deemed approval of any submitted or resubmitted site plan, any deficiency in any proposed site plan that if left uncorrected would violate local, state or federal law, regulations, mandatory Virginia Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the Director.
(f) Review of resubmittals.
(1) For a site plan that does not solely involve lots of commercial or residential real estate, the Director shall act on any proposed site plan the Director has previously disapproved within forty-five (45) days after such site plan has been modified, corrected, and resubmitted for approval.
(2) For a site plan that solely involves lots of commercial or residential real estate, the Director shall act on any proposed site plan the Director has previously disapproved within forty-five (45) days after such site plan has been modified, corrected, and resubmitted for approval, and the following shall apply to Director review of such resubmittal:
a. For purposes of this subsection 30-1030.4(f)(2), the term "commercial" means all real property used for commercial or industrial uses, and the term "residential" means all real property used for single-family or multifamily use.
b. The Director shall only consider the following:
i. Deficiencies the Director identified in review of the initial site plan submittal that remain uncorrected; and
ii. Deficiencies that result from corrections made to address deficiencies identified in the initially submitted, previously disapproved site plan.
c. The Director shall provide the following to the applicant:
i. A written list of specific deficiencies of a site plan or markings of specific deficiencies on the site plan itself;
ii. The laws, regulations, or policies with which the deficiencies do not comply; and
iii. To the greatest extent practicable, modifications or corrections that would permit site plan approval.
d. The Director may provide the applicant a written list of specific deficiencies not identified in the review of the initial site plan or the resubmittal of a site plan that are considered a risk to health or safety.
e. In the event the Director disapproves not only an initially submitted site plan but also a resubmittal of such site plan, Director review of a second resubmittal of the site plan shall be limited solely to the previously identified deficiencies that caused its disapproval.
f. Notwithstanding the above, if any resubmitted a site plan includes a material revision of either infrastructure or physical improvements from an earlier submittal, or if a material revision in a resubmitted site plan creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the Director’s resubmittal review may consider not only deficiencies previously identified in the prior submittals but also deficiencies initially appearing in the resubmittal because of such material revision.
g. Subject to subsection 30-1030.4(e)(6) above, failure of the Director to approve or disapprove a resubmitted site plan within the time period required by this subsection 30-1030.4(f)(2) shall cause such resubmitted site plan to be deemed approved.
(g) Withdrawal.
(1) An applicant may request, in writing, to withdraw a site plan from the review process at any time.
(2) If an applicant fails to submit modifications or corrections to remedy an incomplete site plan application or to correct identified deficiencies of an officially submitted, disapproved site plan application within in one hundred and eighty (180) days after the date of an incomplete or disapproved application notice from the Director, the Director shall notify the applicant that the application shall be withdrawn from consideration within thirty (30) days from the date of such notice, which period the Director may extend as they deem reasonable under the circumstances if the applicant so requests.
(3) The Director shall not refund fees to the applicant for a site plan that has been officially submitted for thirty (30) or more days.
Sec. 30-1030.5. [Authority of Zoning Administrator] Modifications.
[The Zoning Administrator shall approve the application for a building permit or for a certificate of use and occupancy after receiving plans from the Director of Planning and Development Review bearing proof of the Director's approval, provided that the Zoning Administrator is satisfied that the proposed construction and use of the premises conform with the applicable provisions of this chapter. The authority and responsibility of the Zoning Administrator shall, with respect to applications having been approved by the Director of Planning and Development Review, be the same as for other applications for building permits and for certificates of use and occupancy submitted for the Zoning Administrator's approval, and nothing in this article shall be construed to abrogate such authority and responsibility.]
After the approval of any site plan, or previously-approved plan of development, and within its period of validity per Section 30-1030.6. below, the Director, upon written request by the applicant, shall consider minor modifications to a site plan for review and approval in accordance with this Section 30-1030.5.
(a) Eligibility.
(1) Minor modification. The Director shall consider and approve or disapprove a proposed minor modification to a site plan that is submitted in accordance with this Section 30-1030.5.
For purposes of this Section 30-1030.5, “minor modification” means a modification to a site plan that satisfies the following criteria:
a. Does not involve a change of more than ten (10) percent of any element of the development, including without limitation any of the following: height, density, open space, parking area, impervious area, the size of any yard, fenestration, signage;
b. Does not involve a change in use of the development or portion thereof;
c. Does not propose a new development feature;
d. Does not adjust the location or nature of either vehicular, pedestrian, or other access ways; or the intersection of any such way with public right-of-way;
e. Does not require additional review by any state agency or public authority authorized by state law;
f. Will not increase demand for or require additional public facilities or services; and
g. Otherwise allows the development to remain substantially the same as that shown on the originally approved site plan.
(2) Major modification. Any proposed modification to an approved site plan that is not a minor modification shall be a major modification, which major modification the Director may only approve following submittal of a new, complete site plan application in accordance with Section 30-1030.4.
(b) Submittal.
(1) An applicant shall submit a site plan modification application for review and approval in accordance with procedures published by the Director.
(2) Within ten (10) days from receipt of a site plan modification application, the Director shall determine whether,
a. The requested modification is a minor modification; and
b. The application is complete and officially submitted for approval.
A complete site plan modification application is one that is submitted in accordance with this subsection 30-1030.5(b), including without limitation the payment of all applicable fees, and includes, per procedures published by the Director or as the Director otherwise requests, all drawings and data needed for evaluation of the proposed site plan modification in accordance with the scope of review described in section 30-1030.2(b).
(3) If the Director determines a site plan modification application is complete, the Director shall notify the applicant that the site plan modification is officially submitted for approval as of the date applicant submitted such complete application.
(c) Decision.
(1) The Director shall thoroughly examine an officially submitted site plan modification for compliance with the laws, regulations, and policies described in Section 30-1030.2.(b) and shall render a decision to approve or disapprove in the form of a written notice to the applicant within thirty (30) days from the date the site plan modification was officially submitted.
(2) The Director shall approve an officially submitted site plan modification if the Director concludes it complies with the laws, regulations, and policies described in Section 30-1030.2.(b).
(1) The Director shall disapprove an officially submitted site plan modification if the Director concludes it does not comply with the laws, regulations, and policies described in Section 30-1030.2.(b) and shall provide the applicant with the following in addition to the written notice of disapproval:
a. A written list of specific deficiencies of the site plan modification, or markings of specific deficiencies on the site plan itself;
b. The laws, regulations, or policies with which the deficiencies do not comply; and
c. To the greatest extent practicable, modifications or corrections that would permit site plan approval.
Sec. 30-1030.6. [Fees for review] Validity.
[The following fee shall accompany each plan of development:
|
(1) |
Less than or equal to 5,000 square feet |
$500.00 |
|
(2) |
5,001 square feet to 50,000 square feet |
$1,000.00 |
|
(3) |
Over 50,000 square feet |
$1,500.00 |
|
Plus, per acre |
$100.00] |
(a) Preliminary site plan.
(1) Subject to subsections 30-1030.6(a)(2) and (3), once a preliminary site plan is granted tentative approval, it shall be valid for a period of five (5) years, provided the applicant submits a final site plan for all or for a portion of the property within one (1) year of such approval and thereafter diligently pursues approval of the final site plan. For purposes of this subsection, the term "diligent pursuit of approval" means the applicant has incurred extensive obligations or substantial expenses relating to the submitted final site plan or modifications thereto.
(2) No sooner than three (3) years following preliminary site plan approval, and upon ninety (90) days written notice by certified mail to the applicant, the Director may revoke such approval upon a specific finding of facts that the applicant has not diligently pursued approval of the final site plan.
(3) A preliminary site plan shall remain valid for five (5) years from the date of the most recently approved final site plan for the property or any portion thereof.
(b) Final site plan.
(1) An approved final site plan shall be valid for a period of five (5) years, to expire on the fifth anniversary of the date of initial approval.
(2) The Director, upon the written request of an applicant, may, at the time of final site plan approval, grant an approved final site plan a period of validity longer than five (5) years, but not to exceed ten (10) years, based on reasonable consideration of the size and phasing of the proposed development.
(c) Extension of final site plan.
(1) An applicant may request an extension of the validity period of an approved final site plan by written request to the Director at least ninety (90) days prior to the validity period expiration date.
(2) The Director shall respond, in writing, within thirty (30) days from receipt of the extension request.
(3) In response to an extension request, the Director may approve a longer period of validity for a final site plan as the Director deems reasonable, which period shall not exceed five (5) years from the date the final site plan would have expired, based on consideration of the size, scope, and phasing of the proposed development and the laws, ordinances, and regulations in effect at the time of the request for extension.
The Director shall deny, in writing, a request for extension of any final site plan validity period upon finding that the final site plan no longer complies with current laws, ordinances, or regulations.
Sec. 30-1030.7. [Payment of delinquent real estate taxes] Appeals.
[Approval of a plan of development or an amendment to a plan of development shall not be granted until satisfactory evidence has been presented to the Zoning Administrator that any delinquent real estate taxes applicable to the subject property have been paid.]
An applicant may bring an action at Richmond Circuit Court in the event of any of the following and in accordance with general law, or as otherwise permitted by general law:
(a) The Director fails to approve an officially submitted site plan within sixty (60) days after it has been officially submitted for approval, or, if applicable, within thirty-five (35) days of receipt by the Director of any agency or authority response as described in Section 30-1030.4.(c), or within forty-five (45) days after a site plan has been officially resubmitted after a previous disapproval, and applicant gives the Director ten (10) days’ written notice prior to filing its action;
(b) The Director issues a written disapproval of an officially submitted site plan, applicant contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, and applicant files its action within sixty (60) days from such disapproval; or
(c) The Director issues a written denial of a request by applicant for extension of the validity period of an approved site plan, and applicant files its action within sixty (60) days.
Sec. 30-1030.8. [Expiration of approval] Fees.
[The Commissioner of Buildings is authorized to issue a building permit substantially in accordance with the plan of development as approved by the Director of Planning and Development Review. An application for the building permit shall be made within five years following the date on which the plan of development is approved. If either the application for the building permit is not made within the time period stated in the previous sentence or the building permit terminates under any provision of the Virginia Uniform Statewide Building Code, the plan of development approval shall terminate and become null and void.]
A fee as set forth below, based on the area of the proposed development, shall accompany each site plan application, which shall be paid into the City treasury.
(a) Less than or equal to five thousand (5,000) square feet: $600.00.
(b) Greater than five thousand (5,000) square feet and less than or equal to fifty thousand (50,000) square feet: $1,200.00.
(c) Greater than fifty thousand (50,000) square feet and less than or equal to two hundred thousand (200,000) square feet: $2,400.00.
(d) Greater than two hundred thousand (200,000) square feet: $3,600.00.
(e) Development solely involving an administrative review-eligible project as defined by section 30-692.1:1, regardless of area: $500.00
§ 4. This ordinance shall be in force and effect on July 1, 2025.
City of Richmond
Intracity Correspondence
O&R Transmittal
DATE: November 8, 2024
TO: The Honorable Members of City Council
THROUGH: The Honorable Levar M. Stoney, Mayor
THROUGH: J.E. Lincoln Saunders, Chief Administrative Officer
THROUGH: Sharon L. Ebert, DCAO for Economic Development and Planning
FROM: Kevin J. Vonck, Director, Planning and Development Review
RE: To amend zoning regulations set forth in Chapter 30 of the Richmond City Code to amend the development review process.
ORD. OR RES. No.
PURPOSE: To amend zoning regulations set forth in Chapter 30 of the Richmond City Code to amend the development review process.
BACKGROUND: Chapter 30, Article X, Division 4 of City Code regulates the review and approval process for a plan of development. The existing plan of development regulations lack clarity, are inconsistently applied within various zoning districts, and thus are difficult to administer and enforce effectively, efficiently, and equitably. This ordinance proposes to establish new site plan regulations and polices to implement the master plan for the physical development of the city. The revised regulations will facilitate coordinated, adjusted, and harmonious development of the city and its environs in accordance with existing and future needs to promote health, safety, morals, comfort, prosperity and general welfare. In addition, the new site plan regulations will further efficiency and economy in the development process and ensure certain land development activities are compliant with § 15.2-2241 through 15.2- 2245 and §15.2-2258 through §15.2-2261 Code of Virginia; Chapter 17 City Charter; and Chapters 13, 14, 23, 24, 25, 28, and 30 of City Code.
COMMUNITY ENGAGEMENT: PDR has conducted several meetings over the last three (3) years with professional stakeholders: homebuilders, developers, land use attorneys, and financing professionals.
STRATEGIC INITATIVES AND OTHER GOVERNMENTAL: Provide more effective and efficient government services.
FISCAL IMPACT: None
DESIRED EFFECTIVE DATE: July 1, 2025
REQUESTED INTRODUCTION DATE: November 12, 2024
CITY COUNCIL PUBLIC HEARING DATE: December 9, 2024
REQUESTED AGENDA: Consent
RECOMMENDED COUNCIL COMMITTEE: City Planning Commission, December 3, 2024
AFFECTED AGENCIES: Planning and Development Review, Public Works, Public Utilities, Fire & Emergency Services
RELATIONSHIP TO EXISTING ORD. OR RES.: CPCR 2021.158 - City Planning Commission Resolution of Intent to amend the zoning ordinance to amend the development review process
ATTACHMENTS: Draft Ordinance, CPCR 2021.158
STAFF: Kevin J. Vonck, Director, Dept. of Planning and Development Review 804-646-3741 Kevin.Vonck@rva.gov