§ 901. Use regulations.

Latest version.

(a)

Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted.

Use	B-1	B-1A	B-2	B-3	B-4	B-4C	B-4K
Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air-conditioned buildings	P	P	P	P	P	P	P
Assembly uses	C	C	C	C	C	C	C
Automobile museums	X	C	C	C	C	C	C
Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building	X	X	C	X	C	X	X
Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district	X	X	C	C	C	X	X
Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises	P	P	P	P	P	P	P
Bars or nightclubs	X	X	C	C	C	C	C
Bed and breakfast inns	X	X	X	X	C	X	C
Beverage manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area	X	X	P	P	P	P	X
Bicycle and moped rental establishments	X	X	X	X	C	X	X
Boat sales	X	X	P	X	P	X	X
Body piercing establishments	X	X	C	X	X	X	X
Borrow pits	X	X	C	X	X	X	X
Building-mounted antennas other than those meeting the requirements of section 207	C	C	C	C	C	C	C
Bulk storage yards and building contractors yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height	X	X	C	X	X	X	X
Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities, with a floor area greater than seven thousand five hundred (7,500) square feet	X	C	C	C	C	C	C
Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities, with a maximum floor area of seven thousand five hundred (7,500) square feet	X	P	P	P	P	P	P
Business studios, offices and clinics	P	P	P	P	P	P	P
Car wash facilities, subject to the provisions of section 228.1.	X	X	C	C	C	X	X
Colleges and universities, public or private	X	C	C	C	C	C	C
Commercial parking lots, parking garages, parking structures and storage garages	X	X	P	P	P	P	C
Commercial parking garages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto	X	X	C	C	C	P	X
Communication towers meeting the requirements of section 232(j) and temporary communication towers meeting the requirements of section 207	P	P	P	P	P	P	P
Communication towers other than those meeting the requirements of section 232(j) and temporary communication towers other than those meeting the requirements of section 207	X	C	C	C	C	C	X
Craft breweries, subject to the provisions of section 230	X	X	C	C	X	C	C
Craft distilleries, subject to the provisions of section 230	X	X	C	C	X	C	C
Craft wineries, subject to the provisions of section 230	X	X	C	C	X	C	C
Day-care centers and child care education centers	C	C	P	P	P	P	C
Dormitories for marine pilots	X	X	X	X	C	X	X
Drugstores, beauty shops and barbershops and other similar personal service establishments	P	P	P	P	P	P	P
Dwellings, Attached	X		X	X	P	X	P
Dwellings, Multi-family	X	X	X	X	P	C	C
Eating and drinking establishments without drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section	X	X	X	X	X	P	P
Eating and drinking establishments with drive-through windows, except as specified below	X	X	P	P	P	X	C
Eating and drinking establishments without drive-through windows, except as specified below	P	P	P	P	P	X	P
Fiber-optics transmission facilities	X	C	C	C	X	C	C
Financial institutions; provided, that drive-through windows shall not be allowed in the B-4K District	P	P	P	P	P	P	P
Florists, gift shops and stationery stores	P	P	P	P	P	P	P
Funeral homes	X	P	P	P	P	X	X
Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses	X	P	P	P	P	X	X
Greenhouses and plant nurseries	X	P	P	X	P	X	P
Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet. Within the B-4K, also including that it is not open to the public twenty-four (24) hours a day	C	C	P	P	P	X	P
Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet	X	X	P	P	P	C	P
Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet	P	P	P	P	P	C	C
Grocery stores, carry-out food stores and convenience stores whether or not freestanding, but in a structure of more than forty-five thousand (45,000) square feet	X	X	P	P	P	C	C
Group Home	X	X	X	X	C	X	X
Heliports and helistops	X	X	C	C	C	C	X
Home-based wildlife rehabilitation facilities	C	C	C	X	X	X	X
Home occupations	X	X	X	X	C	C	C
Home sharing meeting the requirements of section 209.6	X	X	X	X	P	P	P
Housing for seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; day-care centers other than covered under permitted principal uses hereinabove, provided that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation	C	C	X	X	C	C	C
Hospitals and sanitariums	X	X	C	C	C	C	X
Hotels and motels	X	X	X	P	P	P	X
Hotels and motels with increased lodging unit density and height, provided that the maximum density shall be one hundred twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation	X	X	X	X	C	X	X
Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices	X	X	P	P	P	P	P
Laundry and dry cleaning agencies	P	P	P	P	P	P	P
Liquor stores, package only	P	P	P	P	P	P	P
Marinas, commercial	X	X	C	C	C	X	X
Medical and dental offices and clinics	P	P	P	P	P	P	P
Medical laboratories	X	X	P	P	P	P	P
Mini-warehouses	X	C	C	C	C	X	X
Mobile home sales	X	X	C	X	X	X	X
Motor vehicle sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; and provided further, that truck and trailer rentals shall comply with the provisions of section 242.2	X	X	C	C	C	X	X
Motor vehicle sales and rental, provided such use is wholly enclosed within a building, and further provided that no outdoor use accessory to or in conjunction with the principal use shall be allowed	X	X	X	X	X	P	X
Museums and art galleries	C	P	P	P	P	P	P
Newspaper printing and publishing, job and commercial printing	X	P	P	P	P	P	P
Off-site parking facilities, subject to the provisions of subsection (d)	X	X	X	P	X	P	X
Open-air markets	X	X	C	C	C	C	C
Outdoor cafes	P	P	P	P	P	P	P
Outdoor plazas	P	P	P	P	P	P	P
Passenger transportation terminals	X	X	C	C	C	C	X
Passenger vessels permitted by U.S. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes	X	X	C	X	C	X	X
Personal service establishments, other than those listed separately	P	P	P	P	P	P	P
Personal watercraft rentals	X	C	C	C	C	X	X
Public buildings and grounds	P	P	P	P	P	P	P
Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings	P	P	P	P	P	P	P
Public utilities offices	X	X	P	P	P	P	P
Public utility storage or maintenance installations	X	X	C	C	C	X	X
Radio and television broadcasting stations	X	C	C	C	C	C	C
Recreation facilities other than those of an outdoor nature, with a floor area greater than seven thousand five hundred (7,500) square feet	X	X	C	C	P	C	C
Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise	X	C	C	C	C	C	C
Recreational facilities other than those of an outdoor nature, with a maximum floor area of seven thousand five hundred (7,500) square feet	X	X	P	P	P	P	P
Religious uses with a floor area greater than four thousand (4,000) square feet	C	C	C	C	C	C	C
Religious uses with a maximum floor area of four thousand (4,000) square feet	P	P	P	P	P	P	P
Repair and sales for radio and television and other household appliances and small business machines	P	P	P	P	P	P	P
Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including with a floor area of twenty thousand (20,000) square feet or less.	X	P	P	P	P	P	P
Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park, or school. In B-4K also including a floor area of more than twenty thousand (20,000) square feet	X	P	P	P	P	P	C
Satellite wagering facility	X	X	C	C	X	C	X
Short term rental	X	X	X	X	C	C	C
Short term rental within the Sandbridge Service District*	P	P	P	P	P	P	P
Short term rental within a STR Overlay District	P	P	P	P	P	P	P
Single room occupancy facility	X	X	X	X	C	C	C
Small wireless facilities meeting the requirements of section 207	P	P	P	P	P	P	P
Small wireless facilities not placed on existing structures	C	C	C	C	C	C	C
Specialty shops	C	P	P	P	P	P	P
Storage garages	X	X	P	P	P	X	X
Tattoo parlors	X	X	C	X	X	X	X
Wholesaling and distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1½) tons, or (iii) a total of more than five (5) delivery vehicles	X	X	P	C	X	X	X
Wildlife rehabilitation centers	C	C	C	X	X	X	X
Wind energy conversion systems, freestanding, except as provided below	P	P	P	X	X	X	X
Wind energy conversion systems, freestanding, in excess of one (1)	C	C	C	X	X	X	X
Wind energy conversion systems, roof-mounted, except as provided below	P	P	P	P	P	P	P
Wind energy conversion systems, roof-mounted, in excess of one (1) per principal structure	C	C	C	C	C	C	C
Wine-tasting rooms, subject to the provisions of section 209.4	X	P	P	P	X	P	C
*Sandbridge Special Service District is defined in City Code section 35.1-3.

(a2)

Outdoor cafes and outdoor plazas in the B-4K Historic Kempsville Area Mixed Use District.

(a)

Notwithstanding any contrary provision, outdoor cafes within the B-4K Historic Kempsville Area Mixed Use District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building.

(b)

Notwithstanding any contrary provision, outdoor plazas within the B-4K Historic Kempsville Area Mixed Use District shall be subject to the following criteria:

(1)

Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and the Historic Kempsville Area Master Plan; and

(2)

The architectural design shall conform to the purpose and intent of the Historic Kempsville Area Master Plan.

(b)

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures, including, but not limited to:

(1)

An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one non-illuminated sign not more than one square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, radio or television repair shops, auto repair shops, or similar establishments.

(2)

Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Special restrictions in Accident Potential Zone 1 (APZ-1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless such use is designated as Compatible in APZ-1 or the Clear Zone, as the case may be, in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of section 1804; provided, however, that any use or structure not designated as Compatible shall be permitted as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure.

(d)

Off-site parking facilities. Off-site parking facilities shall be permitted as follows:

(1)

B-3 and B-4C Districts. Off-site parking facilities for any use within the B-3 or B-4C Districts, shall be permitted on any zoning lot, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand five hundred (1,500) feet from the use they are intended to serve, but in no case shall any such facility be located opposite Virginia Beach Boulevard and Independence Boulevard unless grade-separated pedestrian access is provided; and (3) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney.

(2)

B-4K District. Off-site parking facilities for any use within the B-4K District may be permitted on any zoning lot within the district, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand five hundred (1,500) feet from the use they are intended to serve, but in no case shall any such facility be located opposite Kempsville Road, Princess Anne Road, or South Witchduck Road unless grade-separated pedestrian access is provided; and (3) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney.

(Ord. No. 1811, 10-10-88; Ord. No. 1906, 8-14-89; Ord. No. 1913, 9-11-89; Ord. No. 1937, 12-18-89; Ord. No. 1941, 1-22-90; Ord. No. 2095, 8-27-91; Ord. No. 2100, 9-3-91; Ord. No. 2174, 9-22-92; Ord. No. 2177, 10-22-92; Ord. No. 2261, 2-8-94; Ord. No. 2268, 6-14-94; Ord. No. 2315, 4-11-95; Ord. No 2359, 11-28-95; Ord. No. 2419, 9-10-96; Ord. No. 2427, 10-29-96; Ord. No. 2460, 10-28-97; Ord. No. 2495, 6-23-98; Ord. No. 2505, 9-8-98; Ord. No. 2513, 10-27-98; Ord. No. 2552, 7-6-99; Ord. No. 2570, 1-4-00; Ord. No. 2597, 6-27-00; Ord. No. 2627, 4-24-01; Ord. No. 2660, 8-28-01; Ord. No. 2693, 5-14-02; Ord. No. 2761, 5-13-03; Ord. No. 2782, 8-26-03; Ord. No. 2843, 10-12-04; Ord. No. 2907, 12-20-05; Ord. No. 2917, 1-24-06; Ord. 2922, 2-14-06; Ord. No. 2968, 1-23-07; Ord. No. 2972, 2-27-07; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3050, 9-9-08; Ord. No. 3102, 9-8-09; Ord. No. 3109, 11-10-09; Ord. No. 3167, 4-26-11; Ord. No. 3191, 7-12-11; Ord. No. 3259, 8-28-12; Ord. No. 3294, 6-25-13; Ord. No. 3328, 2-25-14; Ord. No. 3343, 4-22-14; Ord. No. 3378, 10-7-14; Ord. No. 3397, 3-17-15; Ord. No. 3403, 4-21-15; Ord. No. 3412, 5-19-15; Ord. No. 3425, 8-4-15; Ord. No. 3441, 4-19-16; Ord. No. 3442, 4-19-16; Ord. No. 3506, 6-20-17; Ord. No. 3514, 7-11-17; Ord. No. 3527, 12-12-17; Ord. No. 3577, 1-15-19; Ord. No. 3578, 1-15-19; Ord. No. 3609, 1-21-20)

                    
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