Portsmouth
General provisions
307 rules that bind every district rather than one — sign regulations, parking, floodplain and the rest of the code’s citywide chapters.
In addition to general requirements, no signage that displays Specified Anatomical Areas or Specified Sexual Activities shall be displayed on the exterior of the building nor shall such materials be visible through any windows into the facility.
In addition to general requirements, no signage that displays Specified Anatomical Areas or Specified Sexual Activities shall be displayed on the exterior of the building nor shall such materials be visible through any windows into the facility.
Two off-street parking spaces for the owner/manager and one off-street space per guest room shall be required. In the Port Norfolk Historic District, the City Council may reduce or eliminate the requirement for the two owner/manager spaces; provided, however, that no fewer than two off street parking spaces are provided for the inn.
Animal care uses shall be sufficiently insulated so no unreasonable odor or noise can be detected off the premises. Animal care uses located within 200 feet of residentially zoned property shall be within a completely enclosed and adequately ventilated building.
Animal care uses shall be sufficiently insulated so no unreasonable odor or noise can be detected off the premises. Animal care uses located within 200 feet of residentially zoned property shall be within a completely enclosed and adequately ventilated building. Non-porous surfaces shall be used in all outside animal areas. Any outdoor runs or pens used to house animals shall comply with the following standards: Be located at least 50 feet from any lot line; Be secured with adequate fencing or walls to ensure containment of the animals; and Animals shall be confined to an enclosed building from 9:00 p.m. to 7:00 a.m.
Restaurants operating and serving alcohol after 12:00 a.m. shall: submit a security plan, install digital video equipment, restrict outdoor amplified sound after 10:00 p.m., and ensure adequate exterior lighting.
Restaurants operating and serving alcohol after 12:00 a.m. shall: At the time of zoning permit application, submit a security plan complying with section 40.2-217(G)(5)(b)(xiii) to the zoning administrator for review and approval; Install and maintain digital video equipment complying with section 40.2-217(G)(5)(b)(vi); Restrict outdoor amplified sound after 10:00 p.m.; and Ensure adequate exterior lighting for entrances, exits, and parking areas. A restaurant that seeks to host entertainment of a nature requiring an entertainment establishment use permit under this section shall be required to obtain said permit. A restaurant that seeks to host entertainment of a nature that does not require an entertainment establishment use permit under this section shall comply with all standards applicable to the entertainment establishment use under section 40.2-217(G)(5)(b). Restaurants that exceed two verified police responses related to disorderly conduct, fights, or alcohol-related offenses at or in direct connection to the establishment within a twelve-month period may be subject to zoning permit revocation pursuant to section 40.2-555. The provisions of this subsection do not apply to restaurants operating within a casino gaming establishment.
Parking shall be one of the principal uses of the park and ride facility and may include other multi-modal uses. Parking spaces may be rented for parking. Parking shall be the principal use of a parking structure. Retail sales and office establishments may be located on the ground floor of multi-level parking structure.
Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare. Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound.
Entertainment establishments shall not create unreasonable environmental aspects such as noise, odor, smoke, vibration, heat, or glare. Noise from the establishment shall comply with City Code Sec. 24-255 Unlawful Excessive Sound. Any building housing live entertainment shall include soundproof entryway and exit doors. Live entertainment shall only be permitted indoors. The hours of operation for the entertainment use shall be from 8:00 a.m. until midnight. Before initially operating the entertainment use and so long as the use remains in operation, the owners and/or operators of the establishment shall install and maintain digital video equipment with recording capabilities sufficient to indicate the date and time that the recording is made. The recording shall provide surveillance coverage encompassing the front, side, and rear exteriors of the establishment for 24 hours a day, seven days a week. Recorded data must be maintained in a condition permitting review of the information for no less than 30 days. Prior to initially operating the entertainment use, a zoning permit must be obtained from the zoning administrator and a certificate occupancy must be obtained from the department of permits and inspections. Prior to issuance of the certificate of occupancy, the applicant shall submit to the department of permits and inspections documentation certified by a licensed architect, engineer, or acoustical consultant verifying that all entrances and exits, including rear service doors, have been constructed or retrofitted with soundproofing materials that mitigate noise transmission from indoor live entertainment to adjacent properties. This certification shall be reviewed by city staff and maintained in the permanent file for the establishment. The maximum occupancy load of the establishment, including patrons and employees, must comply with any limits set by the city building official or the limits set by the use permit, whichever is less. The owners and/or operators of the establishment must not violate any laws of the Commonwealth of Virginia or ordinances of the city related to peace and good order, nor suffer repeated, chronic, or significant violations by patrons or customers. If the chief of police determines that there are violations of this type to comprise a significant law enforcement issue, or violations of the approved security plan which comprise or result in a significant law enforcement issue, they may notify the owners and/or operators in writing and provide a copy of such notice to the zoning administrator, which may result in the initiation of proceedings for the revocation of the use permit by city council. Neither the establishment nor any portion of it shall be leased, let, or used by any third party to stage an entertainment event for profit. No outside promoter shall be permitted to use, operate, rent, or host any entertainment event on the premises of the establishment. Rear doors of the establishment shall be used for emergency exits only and shall not be propped open during the hours of operation of the entertainment, except for deliveries. All local, state, and federal licenses and permits required for the operation of the establishment must be obtained prior to commencement of the entertainment use and must be maintained in good standing for so long as the use continues. Prior to commencing the operation of the entertainment use, the owner and/or operator of the establishment must submit a written security plan to the zoning administrator and obtain written approval. The approved security plan shall be adhered to at all times. Any material changes to the plan must be submitted to and approved by the zoning administrator. The plan must address, at a minimum, the following: The number and placement of licensed private security personnel, including indoor and exterior coverage during hours of operation; Protocols for verifying age and ID at entry points; Procedures for screening patrons for weapons or contraband; Measures for managing queues, crowd control, and orderly dispersal at closing; Coordination with the police department in the event of incidents; Hours of operation and maximum occupancy limits; Lighting and surveillance coverage of the exterior of the premises; Emergency evacuation procedures; and A designated driver program. If two or more violent incidents, documented by the police department, occur on or in direct connection with the establishment within any 12 month period, the zoning administrator shall initiate proceedings for the automatic reconsideration of the establishment's use permit by city council. The zoning administrator shall notify the owner and operator in writing, and the matter shall be docketed for review by city council within 60 days of the notification. In conducting its review, city council may revoke, amend, or impose new conditions on the use permit if deemed advisable in city council's legislative discretion to promote the public health, safety, and general welfare. If the off-street parking requirement for the establishment under this zoning ordinance is to be satisfied by utilizing off-street parking areas not located on the same parcel as the use, then a shared parking agreement or lease agreement must be submitted for review and approved as to form by the city attorney. The shared parking agreement must specify the location, number of spaces, duration of use, and hours of availability. All off-street parking areas must be located within an 800-foot walking distance of the entertainment establishment unless a shuttle system is provided. If a shuttle system is provided, the establishment owner or operator must provide a shuttle plan for review and approval. Failure to maintain the availability of required off-site parking shall constitute a violation of the zoning approval and may be grounds for revocation of the use permit. Any establishment that sells, serves, or permits the consumption of alcoholic beverages shall be subject to the following additional requirements: The establishment must obtain and continuously maintain a valid license from the Virginia Alcoholic Beverage Control Authority appropriate to the type of establishment and activity proposed. The establishment must operate at all times in full compliance with the requirements and conditions of its ABC license, including without limitation membership requirements, service restrictions, and operational limitations, and in full compliance with any other condition, requirement, or limitation imposed by the Virginia Alcoholic Beverage Control Authority. Without limitation, an establishment's use permit may be revoked by city council for any violation of a general or specific condition imposed by the Authority, including a condition incorporated by reference or arising from any conditions, requirements, or limitations imposed on any aspect of the operation of the establishment by the Authority or by Virginia law. The establishment must submit proof of a valid ABC license to the zoning administrator prior to issuance of a certificate of occupancy and upon each license renewal or modification. An ABC manager, employed and compensated by the operator, shall be present at all events held on the premises. This manager shall supervise the event at all times. The ABC manager shall be present on the premises at least one hour prior to the beginning of the event and shall remain on the premises until the event is concluded and the establishment is secured and locked. If alcohol is not served or consumed, a responsible supervisor, employed and compensated by the operator, shall perform this function. The suspension, revocation, non-renewal or voluntary surrender of an ABC license for an establishment shall automatically trigger review of the establishment's use permit by the zoning administrator. Upon review, the zoning administrator may initiate proceedings for city council to consider revocation of the use permit. The suspension, revocation, non-renewal or voluntary surrender of an ABC license shall constitute grounds for revocation of the use permit by city council. Any lapse in ABC licensure without timely notice and cure may be treated as a zoning violation subject to enforcement. The property owner and the use operator, if different, shall be jointly and severally responsible for compliance with all applicable requirements of this subsection and the use permit, including, but not limited to, operational standards and permit conditions. During all hours of operation, the establishment operator shall be responsible for maintaining those portions of public rights-of-way improved by sidewalk and portions of any parking lot adjacent to the premises regulated by the use permit so as to keep such areas free of litter, refuse, and both solid and liquid waste. No patrons or guests shall be charged a cover charge or fee for entry to the establishment. A copy of the establishment's use permit shall be available on the premises at all times for inspection, and a notice indicating that the use permit and all amendments are kept on the premises and are available for review by any member of the general public shall be posted in a visible location. The notice shall also contain information on where and how to report violations of conditions and shall include the address of the zoning administrator. A binder or folder containing documentation relating to the operation of the establishment shall be kept on the premises at all times and shall be produced upon request made by any person. For purposes of this subsection, the documentation relating to the operation of the establishment shall include copies of the following: The use permit and any amendments; Any ABC license; Any occupancy permit[s]; Certifications of all persons who work on the premises as a security guard; All fire code certifications, including alarm and sprinkler inspection records; Any health department permit[s]; The emergency action plan required under the Fire Prevention Code; The names, addresses, and phone numbers of all persons who manage or supervise the establishment at any time; and The establishment's security plan.
The requirements for entertainment establishments set forth in subsection 40.2-217(G)(5)(b) shall also apply to event space/banquet halls. Notwithstanding subsection (i) above, if no ABC license is obtained for the regular service or sale of alcoholic beverages at the event space/banquet hall and the owner or operator instead requires those who contract to hold events to obtain their own temporary ABC licenses, then subsection 40.2-217(G)(5)(b)(xvi) shall not apply. Provided however, that the operator of the event space/banquet hall shall ensure that all holders of the temporary ABC licenses strictly comply with all terms and conditions of the temporary licenses that are related to the sale or service of alcoholic beverages, or any other conduct, on the premises. Without limitation, failure to comply with this requirement shall constitute grounds for revocation of the use permit for the event space/banquet hall by city council.
The area containing the pool shall be completely enclosed by a fence in accordance with Sec. 40.2-305 Fences and Walls. The fence around the pool must have a gate that can be securely fastened. Any pump and filtering equipment and any appurtenant structures shall be located at least ten feet from any lot line.
The area containing the pool shall be completely enclosed by a fence in accordance with Sec. 40.2-305 Fences and Walls. The fence around the pool must have a gate that can be securely fastened. Any pump and filtering equipment and any appurtenant structures shall be located at least ten feet from any lot line. There shall be no commercial sales that are not an integral part of the pool use nor shall any commercial displays be visible from the street or other property.
If the gasoline sales use is located on a corner lot, the lot shall have a lot area of at least 30,000 square feet and a lot width of at least 125 feet on each street side. In all other cases, the lot shall have a lot area of at least 15,000 square feet and a lot width of at least 150 feet.
If the gasoline sales use is located on a corner lot, the lot shall have a lot area of at least 30,000 square feet and a lot width of at least 125 feet on each street side. In all other cases, the lot shall have a lot area of at least 15,000 square feet and a lot width of at least 150 feet. The gasoline sales use shall have no more than two vehicular access points, OR one for each street frontage, whichever is greater. Access points shall be located at least 75 feet from each other, at least 50 feet from any intersecting street rights-of-way, and at least 15 feet from any other lot line unless modified by the City Engineer. Gasoline sale uses with a canopy shall comply with the accessory use-specific standards in Sec. 40.2-217(I)(3)(d).
Commercial marinas and boating facilities shall be designed in accordance with the "Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" as prepared by the Virginia Marine Resources Commission, VR 450-01-0047. All federal, state, and local requirements, including CBPA and Floodplain Overlay requirements, for marina facilities shall be met and the necessary permits obtained prior to issuance of Zoning Permit. Dry stacking of boats outside enclosed structures shall be prohibited. Exterior lighting shall comply with the standards in Sec. 40.2-306 Exterior Lighting.
Use of private marinas, docks, or boating facilities shall be limited to a specific membership and shall not be intended for the general public or commercial purposes. Private marinas and boating facilities shall be designed in accordance with the "Criteria for the Siting of Marinas or Community Facilities for Boat Mooring" as prepared by the Virginia Marine Resources Commission, VR 450-01-0047. All federal, state, and local requirements, including CBPA and Floodplain Overlay requirements, for marina facilities shall be met and the necessary permits obtained prior to issuance of Zoning Permit. Dry stacking of boats outside enclosed structures shall be prohibited. Exterior lighting shall comply with the standards in Sec. 40.2-306 Exterior Lighting.
Vending uses shall require Site Plan approval in accordance with Sec. 40.2-540 Site Plans. No vending use shall be placed within any easement without expressed written permission from the easement holder. No vending use shall encroach into any minimum required setback of the principal structure. Vending uses shall comply with all Uniform Statewide Building Code requirements. Vending uses shall be immediately adjacent to a minimum of two parking spaces. Vending uses shall comply with Sec. 40.2-304 Landscaping and Screening. Vending uses shall be installed on an impervious surface and shall not be installed on any green area or area reserved for open space set-asides. Roof-mounted or other equipment shall be screened in accordance with Sec. 40.2-304 Landscaping and Screening. Within 30 calendar days of the ceasing of operation of any vending use, all of the vending equipment and incidentals shall be removed from the premises.
All newly established new and used vehicle sales uses shall be prohibited from parking or displaying vehicles in the required perimeter vehicular use area landscaping strip between the front lot line and any vehicle use area.
A car wash shall utilize a low-volume water recycling system, which provides for an average of at least 80 percent recycled water per wash. If a car wash or auto detailing use abuts a residentially zoned property, all associated buildings must be set back a minimum of 25 feet from the abutting residential lot line.
Source documents
The chapters of the adopted code that were retrieved, read and extracted from. Everything above traces back to one of these.