§ 31-406. USE REGULATIONS.

Latest version.

(a)

GENERALLY. No use shall be permitted pursuant to this Ordinance, and no development permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency unless said use is listed as a permitted, or conditional use in this Section 31-406 and all applicable permits and approvals have been issued by the agency or official with final decision-making authority. Those uses permitted as permitted uses, and conditional uses within each zoning district shall be those uses listed in the Use Matrices (Table 406-1) to this Ordinance.

(b)

USES NOT MENTIONED. No building permit shall be issued for a use not listed or described by category in the Use Matrices except for accessory structure as permitted in Article 7. Evaluation of these uses shall be as follows:

(1)

INTERPRETATION. It is the intent of this Article to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by a Conditional Use Permit. Uses not listed as a permitted or conditional use shall be presumed to be prohibited from the applicable zoning district. In the event a particular use is not listed in this chapter, and such use in not listed as a prohibited use and is not otherwise prohibited by law, the Zoning Administrator shall determine whether a materially similar use exists in this Section. Should the Zoning Administrator determine that a materially similar use does exist, the regulations governing that use shall apply to the particular use not listed and the Zoning Administrator's decision shall be recorded in writing. Should the Zoning Administrator determine that a materially similar use does not exist, the matter may be referred to the Planning Commission for consideration for amendment to this chapter to establish a specific listing for the use in question. The Administrator may determine that a use is materially similar if it falls within the same industry (5-digit) classification of the current edition of the North American Industry Classification Manual (Executive Office of the President, Office of Management and Budget)("NAICS"), and if the proposed use does not generate trips exceeding other uses proposed in the zoning district by more than ten percent, as determined by the Institute of Transportation Engineering, Trip Generation (current edition); which documents are hereby incorporated by this reference.

(2)

NON-INTERPRETATION. Where the Zoning Administrator determines that a use not mentioned is of a type, scope, or impact that does not fit any existing use category, the Zoning Administrator may request the Planning Commission or City Council to initiate a text amendment procedure for reviewing the specific use applied for and its location. An approval does not create a right for a similar use within the same zoning category.

(c)

PERMITTED USES.

(1)

No use shall be permitted pursuant to this Ordinance, and no development permit authorizing a use may be authorized, issued, or approved by any officer, official, or agency of the City, unless said use is listed as a permitted or conditional use in Table 406-1 hereto and all applicable permits and approvals have been issued by the decision maker. Table 406-1 lists the principal uses allowed within each zoning district. Mixed uses may be permitted pursuant to the PD or TND districts as set forth in Sections 31-410 and 31-411 of this Ordinance.

(2)

Use categories and specific uses. The permitted, conditional and prohibited uses are listed in Table 406-1 hereto. Specific uses are listed, by category, in the first column of Table 406-1. The zoning districts are listed beginning in the second column to the last column of Table 406-1. Within each cell of Table 406-1:

P	=	Permitted Uses. A "P" indicates that the listed use is permitted by-right within the respective zoning district. Permitted uses are subject to all other applicable standards of this Ordinance. Additional supplementary use regulations may apply to said use. A permitted use (or a use permitted "by right") requires only a zoning permit and/or any other ministerial permit which may be required by Section 31-302 of this Ordinance.
C	=	Conditional Uses. A "C" indicates that the listed use is permitted within the respective zoning district only after review and approval of a Conditional Use Permit, in accordance with the review procedures of Section 31-306 of this Ordinance. Conditional Uses are subject to all other applicable standards of this Ordinance and those requirements that may reasonably be imposed by the City Council with the criteria set forth in Section 31-306 of this Ordinance and any supplementary use regulations which apply to said use. In addition to the Conditional Use Permit requirements of this Section, no increase in density pursuant to Section 31-409 of this Article shall be established unless and until a Conditional Use Permit is approved.
—	=	Prohibited Uses. A dash ("—") indicates that the listed use type is not permitted within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this Ordinance.

For the convenience of the reader, cross-references to applicable supplementary use regulations may be set forth in parentheses in Table 406-1. However, the failure to include a cross-reference does not indicate that a supplementary use regulation does not apply.

TABLE 406-1: PRINCIPAL USES PERMITTED IN ZONING DISTRICTS

Specific Use Type

Zoning Districts

RLM

RU-12

RU-
18

RU-
24

MUC-
40

B-1

B-2

CBD

O-I

M-1

M-2

FRRD

RESIDENTIAL DWELLING UNITS AND GROUP LIVING:

Accessory dwelling unit, attached (§ 31-701)

—

Accessory dwelling unit, detached (31-701)

—

P
(1)

—

Adult care residence/assisted living facility

—

Adult day care center

—

Boarding house

—

Business residence/residential hotel

—

Dormitory

—

Dwelling, garden apartment

—

Dwelling, quadruplex (§ 31-712)

—

Dwelling, single-family detached (§ 31-712)

—

Dwelling, townhouse or rowhouse (§ 31-712)

—

Dwelling, triplex (§ 31-712)

—

Dwelling, two-family (including duplexes, single-family semi- detached, and single-family attached dwellings)

—

Dwelling, multi-family and apartment buildings (not otherwise enumerated)

—

Group homes—Maximum of 8 residents not including onsite resident counselors (Ref. VC 15.2-2291)

—

Manufactured homes (§ 31-712)

—

Mixed use dwelling

—

Residential subdivisions, major or hamlet option use pattern (§ 31-411(f))

—

Residential subdivisions, major, cluster use pattern (§ 31-411(c))

—

Residential subdivisions, major, conventional option

—

Residential subdivisions, minor (Art. 5, § 31-506(b)), conventional option

—

Retirement village (sec § 31-713)

—

Subdivision, mixed use, TND option (§ 31-411(g))

—

Temporary shelters for transitional housing

—

Temporary shelters for indigent and homeless persons, and similar facilities with onsite residential counselors (non-governmental

—

INSTITUTIONAL, CIVIC, RECREATION AND ENTERTAINMENT:

Animal pound/animal shelter

—

Animal pet cemetery

—

Amusement/entertainement/recreation center, indoor

—

Amusement/entertainement/recreation center, outdoor

—

Boathouse

—

Arenas, equestrian

—

Bed & Breakfast (§ 31-703)

—

Campgrounds (excluding primitive camps)

—

Camps, primitive

—

Camps, summer

—

Cemetery

—

Child day camp

—

Child-caring institution (including nursery schools)

—

College or university

—

Civic building

—

Cultural uses, including museums, art galleries, opera houses

—

Day care (family day home), 1—4 children

—

Day care (family day home), 5—12 children

—

Day care, child day center

—

Day care, child (as accessory use to permitted place of worship or school)

—

Detention, jails, honor camps, reformatories

—

Fishing and boating facilities

—

Game and hunting preserves

—

Golf course

—

Golf driving ranges

—

Health club/physical fitness facility

—

Club, golf, tennis, swim

—

Hotels and motels

—

Hunting, fishing, game preserves and recreational clubs or camps (not including recreational vehicle campgrounds

—

Lakes/reservoirs

—

Libraries

—

Marinas

—

Medical care facility not otherwise enumerated

—

Medical clinics and dental offices

—

Medical, counseling centers (non-resident)

—

Medical, counseling centers (non-resident) treatment of drug abuse and/or alcohol

—

Medical, general hospitals

—

Medical, nursing facility or nursing home

—

Medical, outpatient hospitals or special hospitals

—

Medical, physical and mental rehabilitation (resident)

—

Membership clubs and lodges

—

Natural area preserve

—

Parking, commercial (not owned or operated by a public agency

—

Parks, neighborhood

—

Parks/open space (generally)

—

Private clubs/lodges

—

Probation and parole offices

—

Recreation, outdoor (generally)

—

Place of worship, large, at least 6,000 square feet in main sanctuary

—

Place of worship, small, under 6,000 square feet in main sanctuary

—

Public assembly not otherwise enumerated

—

Ranch, commercial

—

Recreational vehicle park

—

Resort/guest ranch

—

Safety services

—

Stable, commercial

—

Stable, private

—

Schools, business or trade

—

Schools, boarding

—

School, charter, private, or parochial

—

Schools, dance/art/music schools

—

Schools, elementary

—

Schools, nursery or preschool

—

Schools, secondary or middle

—

Shooting ranges, indoor or outdoor (indoor only in CBD)

—

Swimming pools (not private residential)

—

Utilities, electric transformer stations (excluding those exempt under local, state or federal law)

Utilities, transmission lines (excluding those exempt under local, state or federal law)

Utilities, utility installations (excluding installations by City of Suffolk and others exempt under state and federal law)

Utility facilities, not specifically enumerated (excluding those exempt under local, state or federal law)

Utility service facilities (excluding those exempt under local, state or federal law)

Utility stations (excluding those exempt under local, state or federal law)

Zoo, indoor or outdoor (indoor only in CBD)

—

OFFICES:

Flex-space

—

Office parks

—

Offices

—

COMMERCIAL AND RETAIL:

Retail Sales and Service (Generally, not otherwise enumerated)

—

Animal clinics

—

Animal dealer

—

Animal hospital

—

Kennels, commercial

—

Kennels, limited

—

Adult use retail business

—

Animal sales and care (indoor operations)

—

Animal sales and care (outdoor operations)

—

Arts, crafts and boutique

—

Automobile repair, major and body shops

—

Automobile repair, minor

—

Bakeries (excluding factory or distribution warehousing)

—

Banks

—

Bars and nightclubs

—

Big box retail (§ 31-714) Up to 120,000 sq. ft.

—

Big box retail (§ 31-714) greater than 120,000 sq. ft.

—

Book stores

—

Business services

—

Car wash

—

Catering

—

Coffee houses

—

Contractors and trade shops (indoor operations and outdoor storage, including heavy vehicles)

—

Contractors and trade shops (indoor operations and outdoor storage, including heavy vehicles/equipment) less than 10,000 square feet in area

—

Contractors and trade shops (Indoor operations and storage)

—

Contractors and trade shops (Indoor operations and storage) less than 10,000 square feet in area)

—

Contractors and trade shops (outdoor storage and operations)

—

Contractors and trade shops (Outdoor storage and operations, including heavy vehicles/equipment) less than 10,000 square feet in area

—

Convenience retail center

—

Convenience stores (as part of an office structure)

—

Convenience stores (freestanding)

—

Convenience stores (with gasoline sales)

—

Delivery and dispatch services (vehicles on—site)

—

Department stores

—

Drive-through uses

—

Fertilizer and seed sales

—

Fruit and vegetable stands

—

Flea markets (indoors)

—

Flea markets (outdoors) (31-710)

—

Florists

—

Food service: commissary, food bank

—

Fuel sales (not including gasoline service stations)

—

Funeral home

—

Gasoline service station

—

Grocery stores

—

Hardware stores (less than 60,000 square feet)

—

Heavy truck, construction equipment sales (wholesale and retail)

—

Mini-warehouse

—

Model home display park

—

Nurseries/greenhouses (primarily wholesale) with on-premises retail sales

—

Passenger vehicle, motorcycle, recreational vehicle, boat, all terrain vehicle, golf cart/low speed vehicle sales, new and used

—

Passenger vehicle, motorcycle, recreational vehicle, boat, all terrain vehicle, golf cart/low speed vehicle sales, used only

—

Pawn shops

—

Pharmacy

—

Photography studio

—

Rental services other than passenger vehicles: indoor display/storage

—

Rental services other than passenger vehicles: outdoor display or storage

—

Repair services, large appliance

—

Repair services, small appliance

—

Restaurants, sit- down/delicatessen

—

Rural commercial and retail

—

Services, general

—

Services, personal

—

Shopping centers less than 25,000 square feet

—

Shopping centers, 25,000 to 120,000 square feet (see § 31- 715 for supplemental regulations)

—

Shopping centers, greater than 120.000 square feet (sec § 31- 715 for supplemental regulations)

—

Tattoo parlors and body piercing saloons

—

Thrift stores, consignment stores

—

Theaters

—

Tire recapping and storage (not junkyards)

—

Tobacco store

—

Truck repair

—

Truck stop/travel plaza

—

Vehicle rentals—passenger vehicles only, including recreational vehicles

—

INDUSTRIAL, MANUFACTURING, RESEARCH AND WHOLESALE:

Animal food manufacturer

—

Automobile auction

—

Automobile graveyard

—

Automobile storage lot including vehicle tow yards

—

Cleaning and processing establishment

—

Container depot, shipping

—

Custom manufacturing

—

Food processing establishment

—

Heavy equipment and industrial storage lots

—

Indoor operations and storage, assembly

—

Indoor operations and storage, food products

—

Indoor operations and storage, manufacturing/processing

—

Indoor operations with outdoor storage, assembly

—

Indoor operations with outdoor storage, food products

—

Indoor operations with outdoor storage, manufacturing/processing

—

Industrial park

—

Junkyards/salvage yards

—

Machine shop

—

Motion picture and video production (NAICS 51211)

—

Outdoor operations and storage. assembly

—

Outdoor operations and storage, food products

—

Outdoor operations and storage, manufacturing/processing

—

Research and development, laboratories

—

Research and development, offices

—

Truck terminal

—

Warehouse and freight storage (indoor operations, storage and loading)

—

Warehouse and freight storage (indoor storage with outdoor loading docks)

—

Warehouse and freight storage (outdoor storage or loading)

—

Warehousing and distribution, general

—

Warehousing, wholesale and distribution, limited

—

Wholesale sales, generally (indoor operations, storing and loading)

—

AGRICULTURAL AND EXTRACTIVE USES:

Agribusiness

—

Animal feeding operation (excluding concentrated animal feeding operation, concentrated aquatic animal production facility, or concentrated confined animal feeding operation)

—

Aquaculture

—

Concentrated animal feeding operation (including concentrated animal feeding operation, concentrated aquatic animal production facility, or concentrated confined animal feeding)

—

Dairy

—

Farmers markets

—

Feedlots/livestock facilities

—

Forestry/silvicultural activity consistent with Code of Virginia § 10.1-1126.1

—

General agricultural uses, farming

—

Licensed limited brewery

—

Licensed limited distiller

—

Mini-farms (excluding concentrated animal feeding operation, concentrated aquatic animal production facility, or concentrated confined animal feeding operation)

—

Neighborhood gardens

—

Nursery, wholesale or commercial

—

Oil or gas drilling

—

Production agriculture and silviculture (see Code of Virginia § 15.2-2288)

—

Quarry

—

Sand or gravel extraction or processing

—

Sawmills

—

Surface mining (borrow pits)

—

Wetlands mitigation bank

—

Winery or micro-brewery

—

TELECOMMUNICATIONS FACILITIES:

Satellite dish antennas for private residential use (less than 36 inches in diameter)

Small cell facilities (see Code of Virginia § 15.2-2316.3. § 15.2- 2316.4. and § 15.2- 2316.5)

Telecommunications (co-location on existing tower or alternative tower structure)

Telecommunication towers (new construction or increase in height)

—

Television or radio transmission towers

—

Television, radio and film studios

—

Towers (50,000 volts or more)

Transmitting facilities, not specifically enumerated

WASTE-RELATED:

Aboveground storage tank

—

Composting system, confined (vegetative waste or yard)

—

Construction/demolition/debris landfill

—

Crematorium—Large and small animals

—

Hazardous waste facility, hazardous waste landfill, industrial waste landfill, land treatment facility

—

Incinerator

—

Materials recovery facility

—

Recycling center

—

Recycling plant

—

Resource recovery system

—

Sanitary landfill

—

Sewage sludge unit

—

Sewage treatment plant

—

Solid waste management facility

—

Transfer station, hazardous waste or solid waste

—

AVIATION OR SURFACE TRANSPORTATION PASSENGER TERMINAL:

Airports and heliports (commercial use multi-purpose)

—

Bus/commuter stops/light rail stations

—

Bus/railroad depot/taxi stand

—

Helipads and airstrips

—

Helipads and airstrips (private non-commercial use only)

—

All other aviation or surface passenger terminals

—

SOLAR ENERGY

Solar energy facilities

—

WIND ENERGY:

Wind energy facilities—Large

—

Wind energy facilities—Small

—

Wind energy facilities—Utility Scale

—

Notes:

(1) ;hg;Any detached accessory dwelling unit in the A, Agricultural, RR, Rural Residential and RE, Rural Estate zoning districts on lots of less than one (1) acre requires a conditional use permit.

(Ord. No. 13-O-117, 12-18-2013; Ord. No. 14-O-089, 6-18-2014; Ord. No. 14-O-072, 6-18-2014; Ord. No. 15-O-068 (Exh. 1), 6-17-2015; Ord. No. 16-O-014, § 2(Exh. B), 2-17-2016; Ord. No. 16-O-030, § 2(Exh. B), 4-20-2016; Ord. No. 16-O-056, § 1(Exh. A), 6-15-2016; Ord. No. 16-O-089, § 2(Exh. B), 9-21-2016; Ord. No. 17-O-055, § 2(Exh. B), 6-21-2017; Ord. No. 17-O-066, § 2(Exh. B), 7-19-2017; Ord. No. 19-O-093, § 2(Exh. B), 9-18-2019)

                    
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