ARTICLE V. - GENERAL REGULATIONS

The regulations set forth in this article unless referenced to specific districts shall apply to every zoning district created by this chapter or any subsequent amendment hereto.

(Ord. No. 5028-97, § 1)

Sec. 45-502. - Use of land.

No land shall be used except for a purpose permitted in the district in which such use is located.

(Ord. No. 5028-97, § 1)

Sec. 45-503. - Buildings, conformity with regulations.

No building, structure or part thereof shall be constructed, erected, raised, enlarged, reconstructed, extended or structurally altered except in conformity with the regulations prescribed by this chapter for the district in which such building, structure, or part thereof is located.

(Ord. No. 5028-97, § 1)

Sec. 45-504. - Lot required.

Every residential building hereafter erected or structurally altered shall be located on a lot or acreage as defined herein and in no case shall there be more than one (1) dwelling on a lot or acreage used for dwelling purposes except as otherwise provided for in multiple-family zoning districts or in an approved planned residential development.

(Ord. No. 5028-97, § 1)

Sec. 45-505. - Temporary buildings.

No temporary building or structure shall be erected or placed on any lot in any district; provided, however:

(1)

This provision shall not prevent the placement or erection of a temporary construction or sales office for a period not to exceed one hundred eighty (180) days after issuance of a building permit for the projects permanent structure; provided, however:

That both a building permit and a temporary certificate of use and occupancy is obtained and maintained for the erection or placement and use of the temporary structure.

That the temporary structure complies with appropriate city code provisions.

That any manufactured temporary structure used shall be properly skirted.

That the temporary structure shall be removed from the site within thirty (30) days following the issuance of either a temporary or permanent certificate of use and occupancy for the permanent structure.

That the temporary certificate of use and occupancy for the temporary structure may be extended for successive ninety-day periods if, in the opinion of the city manager, good cause is shown.

The exception provided by this subsection shall permit a developer to use one (1) single-family residential lot in a subdivision or phase of a subdivision for placement of a temporary structure for use as a sales office for such subdivision; provided that such temporary structures shall not be placed or remain when permanent structures exist or are under construction on abutting lots.

(2)

This provision shall not prevent the placement or erection of a temporary building by an organization for the purpose of selling Christmas trees upon request to the city manager's office, provided:

The organization has complied with the applicable provisions of the City Code.

The building shall not be erected or placed prior to Thanksgiving and shall be removed by December 31 of the same calendar year.

Building permits have been obtained in accordance with the City Code.

Such sales are permitted by the use regulations of this zoning ordinance.

(3)

This provision does not affect the placement of manufactured homes in an R6 Manufactured Home District.

(4)

This provision shall not prevent the placement or erection of a temporary building for the purpose of selling food and drink at special events, such as but not limited to, a carnival, a circus, or a special business promotion. Such building shall be erected or placed for a period of no more than thirty (30) consecutive days. The use of such temporary buildings in districts zoned residential shall be limited to the premises of a community facility permitted in that zoning district. Building permits shall not be required for the placement of mobile units for such uses.

(5)

This provision shall not prevent the placement or erection of a temporary building for use as temporary office space, not open to the general public, during the expansion of the facilities of an existing business; provided, however:

Such business is located within a district zoned O3 Office/Research and Development; C1 Retail Commercial; C3 Regional Business District; C5 Oyster Point Business/Manufacturing; M1 Light Industrial District; or M2 Heavy Industrial District.

That a building permit has been issued for construction of the addition to the existing business.

That a building permit is obtained for erection or placement of the temporary building.

That the temporary building is located in accordance with district regulations.

That the temporary building be removed from the site within seven (7) days following the issuance of a certificate of use and occupancy for the new construction.

(6)

Tents or tent-like structures (herein referred to as "such structures") shall be permitted to be erected subject to the following:

Such structures shall not be permitted for dwelling purposes, except when located within an approved camping site.

Such structures erected as an accessory structure to the existing use only in a residential zoned district shall be permitted for a period of time not to exceed three (3) days, and shall conform to the requirements for accessory buildings in the district in which erected. The zoning administrator may, upon written request, approve the use of such structures for an additional four (4) days.

Where such structures are erected as accessory structures to existing community facilities, they shall be permitted for a period of time not to exceed ninety (90) days per calendar year.

Activities associated with structures permitted in this section shall be terminated by 11:00 p.m.

Such structures erected as accessory structures in other than residential zoned districts shall be permitted for a period of time not to exceed ninety (90) days per calendar year, and shall conform to the requirements for accessory buildings in the district in which erected. Such structures shall not be located less than one hundred (100) feet to any residential zoning district.

Such structures erected as the main structure on a lot shall be permitted in O1, O2, O3, C1, C2, C3, C4, C5, M1 and M2 zoning districts for a period of time not to exceed ninety (90) days per calendar year, and shall conform to the requirements for main buildings in the district in which erected. Such structures shall not be located less than one hundred (100) feet to any residential zoning district.

Any tent or tent-like structure shall be erected in conformance with the provisions of the building and fire prevention codes.

It is not the intent of this section to prohibit or regulate the use of tents in conjunction with funeral services conducted within the boundaries of a legally existing cemetery.

Such structures erected on city-owned land and used for the sole purpose of city-sponsored special events, including, without limitation, "Riverfair," the "Fall Festival," the "Fourth of July Celebration," or similar events, shall be permitted for a period of time not to exceed one hundred eighty (180) days per calendar year.

(Ord. No. 5028-97, § 1)

Sec. 45-506. - Encroachment on existing lot.

Except as otherwise provided in this chapter or the subdivision regulations of the City of Newport News, the area of an existing lot shall not be reduced or diminished so that the yard, other open spaces or the area and dimensional regulations shall be smaller than required by the district in which the lot is located.

(Ord. No. 5028-97, § 1)

Sec. 45-507. - Nonconforming lot of record.

No area or dimensional regulations in this chapter shall prevent the erection of a building on a lot of record, notwithstanding that such lot may have a lesser area, width or depth than is required in the district in which the lot is located; provided, however:

(1)

That as of December 13, 1994, where two (2) or more contiguous lots not meeting applicable district requirements are held in single ownership, the lot of record or lots of record shall be interpreted to be that combination of lots which provides a minimum frontage of not less than fifty (50) feet per lot; after this date, property owners wishing to develop lots not meeting applicable district requirements shall present to the director of codes compliance a certificate delineating the ownership history, including deed book and page reference, of the lot to be developed and all adjacent parcels, covering ownership of the lot and parcels from December 13, 1994, until the date the certificate of ownership is submitted.

(2)

That this provision shall not be construed to permit more than one (1) dwelling unit on a lot of record which does not meet the area and dimensional regulations of the district in which such lot is located.

(3)

That development of lots of record having less that fifty (50) feet of frontage and not meeting the area, width or depth required in the district in which the lot is located shall proceed only after approval of a special exception pursuant to the provisions of Article XXXII of this chapter.

No lot of record shall be resubdivided unless all new lots so created are in conformity with the lot requirements of the district in which such the subdivision is located. However, nothing in this section shall be construed to preclude the vacation of a lot line when the level of nonconformity of the resulting lot is not increased.

(Ord. No. 5028-97, § 1; Ord. No. 6444-08)

Sec. 45-508. - Repair and restoration of buildings.

Nothing in this chapter shall prevent the strengthening, repair or restoration to a safe and lawful condition any part of a building or structure declared unsafe or unlawful by order of an authorized city official; provided, such building or structure lawfully existed prior to the issuance of the order.

(Ord. No. 5028-97, § 1)

Sec. 45-509. - Use of basements for dwellings.

Any basement having more than one-half (½) of its height below the average level of a street grade or ground nearest the building shall not be used or designated to be used for dwelling purposes.

(Ord. No. 5028-97, § 1)

Sec. 45-510. - Occupancy of premises by caretaker.

The occupancy of a building or premises by a caretaker or watchman for sleeping quarters shall not constitute a residential use within the meaning of this chapter.

(Ord. No. 5028-97, § 1)

Sec. 45-511. - Skateboard ramps.

Skateboard ramps are not permitted within the City of Newport News in any residential zoning district, unless located within a community facility as a use accessory to the community facility. When accessory to a community facility, the skate board ramp shall not be operated for commercial gain.

Skateboard ramps are permitted in the P1 Park Zoning District. Skateboard ramps in other nonresidentially zoned properties shall require a conditional use permit approved by the city council.

No skateboard ramp shall be within one hundred (100) feet of a side or rear property line of adjoining residentially zoned property.

(Ord. No. 5028-97, § 1)

Sec. 45-512. - Ingress and egress.

Except where access is provided by a public street or where gated access is provided for emergency vehicles only or unless specifically provided for in the district regulations, ingress and egress shall not occur across a premises unless the use served by the route of ingress and egress is permitted on the premises crossed.

(Ord. No. 5028-97, § 1; Ord. No. 6219-06)

Sec. 45-513. - Parking and loading.

All buildings or structures hereafter erected or enlarged shall conform to the off-street parking and loading regulations for uses in Article XXX, Off-street Parking and Loading Regulations, or the specifications and requirements in the district regulations.

(Ord. No. 5028-97, § 1)

Sec. 45-514. - Manufactured homes.

Manufactured homes, as defined herein, are not permitted within the City of Newport News except in conformity with this chapter and the regulations of the R6 Manufactured Home District.

(Ord. No. 5028-97, § 1)

State law reference— Manufactured housing, Code of Virginia, § 15.2-2290.

Sec. 45-515. - Recreational vehicles, storage requirements.

Not more than two (2) recreational vehicles per dwelling unit, including but not limited to travel trailers, pickup campers, motor homes, tent trailers, boats and boat trailers, are permitted to be stored on the same lot in a residential district. Such vehicles shall be stored in a location consistent with the requirements for accessory buildings. One (1) of the two (2) permitted vehicles may be stored between the buildings used for residential purposes and the roadway(s) on the paved portion of a driveway or parking lot, provided that such vehicle does not extend into the public right-of-way or is not located within ten (10) feet of the paved portion of the road. "Roadway" shall mean that portion of a street improved, designed or ordinarily used for vehicular traffic, exclusive of the shoulder.

(Ord. No. 5028-97, § 1)

Sec. 45-516. - Administrative review of special temporary uses; procedure; fee; permit.

(a)

The intent and purpose of this section is to allow administrative review and provide a permitting process by the city of certain temporary land uses and/or activities of a routine and recurring nature. The director of codes compliance shall approve such request upon a finding that the established criteria for those uses contained herein can be met.

(b)

The procedure for administrative review shall commence upon written request by the property owner stating the time, place and specific location of each activity, accompanied by a site development plan, which shall be submitted to the director of codes compliance. The director of codes compliance will refer the request to the site plan review committee for review at their next appropriate regular meeting; a request must be received by the site plan review committee at least seven (7) days prior to a regular meeting to be considered. After review, the committee will transmit its recommendation to the director of codes compliance. If the director of codes compliance deems that all conditions necessary for approval shall be granted. Any appeal of the director of codes compliance's decision shall be made in writing to the city manager, who has final authority to act on the request.

(c)

All requests for administrative review shall be accompanied by payment of a fifty dollar ($50.00) nonrefundable fee.

(d)

A permit for the operation of a circus, carnival, shooting gallery, merry-go-round, ferris wheel, and other forms of public amusement may be granted in any zoning district, other than residential districts, for a period of time not to exceed thirty (30) days; provided that the following conditions have been met or arrangements have been made to assure that such conditions will be met:

(1)

A site plan delineating the overall layout of proposed activities on a tract of land shall be submitted to the director of codes compliance for review by the site plan review committee.

(2)

All requirements for the Newport News City building regulations, including but not limited to such provisions for safe and adequate electrical wiring, plumbing, sanitary facilities, water supply and fire protection shall be met.

(3)

A transitional area one hundred (100) feet wide shall be required between amusement activities and the nearest residential zoning district boundary line.

(4)

No amusement activity shall be in operation beyond 11:00 p.m.

(5)

A twenty-five-foot wide fire lane shall be maintained around the perimeter of any amusement-related structures.

(6)

No tent or other structures shall be closer than seventy-five (75) feet to any existing building.

(7)

No amusement activity shall be conducted on any city right-of-way.

(8)

No amusement activity in a commercial zoning district shall be conducted on an "open lot area" of less than one hundred thousand (100,000) square feet and shall not exceed an "open lot area" of four hundred thousand (400,000) square feet.

(9)

A statement shall be provided from the city traffic engineer to the effect that ample parking facilities with adequate means for ingress and egress will be provided.

(10)

Evidence that a bond, certified check or cash security in the amount of one thousand dollars ($1,000.00) has been posted with the director of codes compliance, which bond, certified check or cash security shall be forfeited to the City of Newport News if the ground so occupied is not left in a clean and sanitary condition at the termination or closing of such an enterprise.

The zoning administrator shall certify within ten (10) days to the director of codes compliance of withdrawal from the grounds as to the condition of the grounds.

(Ord. No. 5028-97, § 1)

Sec. 45-516.1. - Persons occupying a dwelling unit.

A dwelling unit shall only be occupied by one (1) "family," which is defined as any of the following groups of people living together in the following manner:

(1)

An individual living alone in a dwelling unit;

(2)

Two (2) unrelated persons;

(3)

Two (2) unrelated persons and the children of such persons;

(4)

Three (3) unrelated persons, each unrelated to any of the others; except if the dwelling unit is a part of an attached multiple family building then the number of unrelated persons, each unrelated to any other, can be increased to four (4) persons;

(5)

Any number of persons related by blood, marriage, adoption or approved foster care; and

(6)

Any number of persons related by blood, marriage, adoption or approved foster care and one (1) unrelated person.

(Ord. No. 6727-10)

Sec. 45-517. - Home occupation.

No home occupation shall be permitted that:

(1)

Makes use of more than four hundred (400) square feet of floor space.

(2)

Makes use of any accessory building.

(3)

Changes the outside appearance of the dwelling or is visible from the street or has any other exterior indication of the home occupation.

(4)

Displays or stores materials outside.

(5)

Creates a nuisance varying the residential character of the premises, such as:

Generating more traffic, noise, parking demand, sewerage or water use beyond what is normal for the residential uses in that residential neighborhood.

Creating a hazard to person or property.

Creating an assembly of persons or vehicles.

(Ord. No. 5028-97, § 1)

Sec. 45-518. - Accessory uses and structures customarily incidental to residential uses.

The following shall be deemed accessory:

(1)

Facilities for keeping small domesticated animals for household non-commercial use only. Such animals shall not be commercially raised or sold; and kennels are prohibited.

(2)

Beehives maintained as a hobby for household use and non-commercial purposes shall be allowed provided the following criteria are met:

No beehive may be placed or allowed to remain closer than three (3) feet from an adjoining property line.

No beehive may be placed or allowed to remain closer than fifty (50) feet from any house, dwelling unit, apartment, hotel, motel, office, commercial establishment, place of worship or school with the exception of the owner's dwelling.

No beehive may be maintained unless the owner thereof provides for or has access to an accessible and adequate water supply within fifty (50) feet of each beehive.

(3)

A swimming pool for the use of occupants of the premises or for guests for whom no admission or membership fee is charged.

(Ord. No. 5028-97, § 1; Ord. No. 6727-10)

Sec. 45-519. - Community facilities.

These uses may be erected or operated in the districts as set forth in Article IV., Summary of Uses by District, in cases where (a) access is provided from a public street directly to the property; (b) no use is operated for commercial gain; (c) no building or structure, nor accessory building or structure is located within one hundred (100) feet of any side or rear property line which is zoned single-family residential; and, (d) any parking lot or street serving such use is located twenty-five (25) feet or more from a side or rear property line zoned single-family residential. Community facilities included in this group are as follows:

(1)

Public elementary or secondary school for academic instruction.

(2)

Private or parochial school, elementary or secondary school, offering a curriculum the same as that offered in the public school system of Newport News, subject to the same regulations as found in subsection (9), herein, as to dwelling facilities.

(3)

Community facilities that are places of assembly; provided, that no community facility that is a place of assembly shall be erected on a site of less than three (3) acres in any residential district. Community facilities that are places of assembly include, but are not limited to: stadiums; sports arenas; theatres; amphitheatres; churches, synagogues or other places of worship; museums; libraries; concert halls; elementary and secondary schools, whether public, private or parochial; and colleges and universities, provided that colleges and universities shall meet the acreage requirements of subsection (9) below.

(4)

Preschool or day school, when necessary to either a private school as defined herein or a permanent place of worship as defined herein.

(5)

Public park or recreational area, or non-public park or recreational area, when open for general public use and when operated as a nonprofit activity.

(6)

Golf course and golf course club houses, including pro shops, locker rooms, practice greens or tees, but not including commercial miniature golf courses or a practice driving ranges or any golf course lighted for night play.

(7)

Neighborhood swimming pool, together with accessory buildings operated by a nonprofit organization.

(8)

Community or individual fallout shelter.

(9)

College or university, but not a business or trade school; provided however, that:

The maximum number of dwelling units erected on the campus shall not exceed the number of dwelling units which otherwise would be permitted on the same site under the regulations of a planned residential development in Article XV, Planned Residential Development Regulations. For the purpose of computing the density of dormitory housing facilities, sleeping space for each six (6) persons shall be counted as one (1) dwelling unit.

The minimum site area of a college or university campus shall be thirty (30) acres.

Access to the campus shall be from a major thoroughfare.

(10)

Community building such as a museum or library.

(11)

Institutional uses, including accessory dormitories, nursing homes, and hospitals.

(12)

Any use customarily incidental or accessory to the above uses.

(Ord. No. 5028-97, § 1; Ord. No. 5753-02)

Sec. 45-520. - Pump stations or substations in residential districts.

In single-family residential districts substations, pump stations, or like structures and buildings shall not exceed twenty-five (25) feet in height or fifteen hundred (1,500) square feet of ground coverage. Such utility shall provide adequate location, area, yard setbacks and landscaped screening to preserve the character of the neighborhood in which the utility is located.

(Ord. No. 5028-97, § 1)

Sec. 45-521. - Outside storage.

Outside storage of goods, materials and equipment shall be permitted as a matter of right only in manufacturing zoning districts. All outside storage areas shall be screened with appropriate fencing and landscaping from adjoining public right(s)-of-way. With the approval of a special exception (see Article XXXII 45-3204(e)(9)) such storage shall be permitted in a C2 zoning district. For the purpose of this section, and except as specifically provided elsewhere in the zoning chapter, the term "outside storage" shall not include the following:

(1)

Outside displays intended to promote sales of goods or services that can be obtained from a permanent business structure on the same property. Such displays shall not occupy more than ten (10) percent of the property area between the main building and property lines(s) abutting the public right(s)-of-way or five hundred (500) square feet of land area, whichever is least. Such displays shall not reduce the number of parking spaces or the access thereto to below what are required by the zoning ordinance.

(2)

Parking of vehicles and automotive related machinery that are for sale, lease, or business use which may be driven on public streets.

(3)

Outside displays of marine or related vehicles that are for sale or lease.

(4)

Outside displays of products associated with nurseries, vegetable stands, garden shops and other similar business activities

(5)

Farm tractor and implement sales.

(6)

Manufactured housing sales.

(7)

Outside displays of storage sheds that are for sale, provided that they are not located in the required front yard setback.

(Ord. No. 5028-97, § 1)

Sec. 45-522. - Family home child care facility.

(a)

Family home child care facility means a private family dwelling of a person or persons who maintain the dwelling and regularly provide direct care on the premises during part of a twenty-four-day to not more than five (5) children under the age of twelve (12), excluding the provider's own children or grandchildren related by blood, marriage or adoption and foster children.

(b)

A family home child care facility in a dwelling unit shall be permitted by right in all residential zoning districts.

(c)

No employees, whether paid or unpaid, except persons who use the dwelling as their primary residence, shall be involved in the family home child care facility.

(d)

Upon violation of any part of this section, the zoning administrator shall take necessary action to remedy such violations as provided for in the City Code.

(e)

The city council shall not consider applications for conditional use permits, pursuant to Article XXVII for modifications to the provisions contained in this section.

(Ord. No. 5028-97, § 1)

Sec. 45-523. - Communication tower/antenna.

The purpose of this section is to describe minimum standards for tower/antenna construction and siting in order to minimize adverse visual effects and traffic distraction, by careful design, siting and vegetative screening and to maximize the use of any new or existing transmission tower to avoid proliferation of towers throughout the community.

(1)

Communication tower/antenna are permitted in accordance with Article IV, section 45-402. Any applicable information or siting requirements detailed below may be required for administrative review.

Conditional use permit applications for communication towers/antennas shall be accompanied by the following information in addition to that which is required under Article XXVII, section [45-]2703:

A site plan drawn to scale specifying the location of tower(s), guy anchors (if any), transmission building and other accessory uses, parking, access, landscaped areas, fences and adjacent uses.

Verifiable evidence from the applicant of the lack of space on either suitable existing towers, buildings, and other structures to locate the tower/antenna, or on existing tower sites to construct a tower for the proposed antenna within their search area.

Frequency of proposed antenna and capacity of proposed structure to accommodate one (1) additional user.

Information demonstrating that potential users have been contacted to discuss collocation and conveyed that current plans can/cannot be facilitated by collocation.

Location of proposed structure and an evaluation of its impact on the character of surrounding areas.

A written statement of preliminary approval or approval from the Federal Aviation Administration.

Action by city council:

(1)

City council must take final action on communication tower/antenna applications within one hundred fifty (150) days after a complete application has been filed with the department of planning.

(2)

When communication tower/antenna applications are incomplete as filed, the one hundred fifty (150) day time frame does not include the time an applicant takes to respond to a request by the department of planning for additional information to make same a complete application, provided the applicant is notified that its application is incomplete during the first thirty (30) days after filing.

(3)

Any person affected by any failure by city council to act on a complete application may, within thirty (30) days after such failure to act, commence an action in any court of competent jurisdiction.

Minimum setbacks of tower/antenna:

The minimum side and rear yard setback from the base of the tower shall be twenty-five (25) feet in all permitted districts.

The minimum required setback from the base of a tower/antenna to any public street right-of-way shall be one hundred (100) feet.

For towers/antennas of more than two hundred (200) feet in height, for every four (4) feet in height of the tower/antenna over forty (40) feet, there shall be an additional one (1) foot in setback from all property lines.

Communication towers/antennas to be mounted on existing structures (communication towers, buildings, water towers, etc.) are exempt from minimum setback requirements.

Screening requirements are as follows:

For towers/antennas, one (1) row of evergreen trees at least eight (8) feet in height shall be planted and maintained on ten (10) foot centers completely surrounding the tower/antenna and equipment building compound, excluding entrances. Where existing trees abut the compound but are located within the lease area, such trees shall be maintained and the evergreen trees shall be used as infill to achieve minimum spacing.

In lieu of the above requirements, in special cases, including stealth applications, the applicant may prepare an alternate landscape plan and specifications for landscape and screening, including plantings, fences, walls, buildings, topography, etc. to screen the tower/antenna. The plan may deviate from the requirements set out in [subsection] c.1. above, provided that the director of planning determines that the alternative arrangement provides the same degree of screening. Stealth applications may include flag poles, light poles, simulated trees, and other similar applications where the tower/antenna is disguised to blend into its surroundings.

All required landscaping must be installed and approved by the director of planning prior to the first planting season following issuance of certificate of use and occupancy, and maintained thereafter.

Communication towers/antennas to be mounted on existing structures (communication towers, buildings, water towers, etc.) are exempt from screening requirements.

Accessory facilities associated with communication towers/antennas may not include offices, vehicle storage or outdoor storage.

Obsolete, unused or abandoned communication tower/antenna facilities shall be removed within twelve (12) months of obsolescence, cessation of use or abandonment. A bond may be required, of sufficient amount, to cover removal of the structure.

Advertising and/or signage on tower/antenna structures is expressly prohibited.

Towers two hundred (200) feet or less in height shall have an unpainted galvanized finish. Regulations of the Federal Aviation Administration or the Federal Communications Commission supersede this requirement, if same are contradictory.

Towers more than two hundred (200) feet in height shall be painted in accordance with regulations by the Federal Communications Commission and/or the Federal Aviation Administration.

Towers shall be illuminated as required by the Federal Communications Commission and/or the Federal Aviation Administration. No lighting shall be incorporated if not required by the cited agencies.

The owner shall have a structural inspection conducted annually by a registered professional engineer licensed in the Commonwealth of Virginia and a copy of the inspection report shall be filed with the department of codes compliance.

Other conditions of approval may be specified and shall be reasonably imposed to insure compliance with the purpose and criteria of these provisions.

In any instance where the regulations and requirements of this section conflict with those of the Federal Communications Commission or the Federal Aviation Administration, the federal regulation or requirement shall govern.

In any instance where the regulations and requirements of this section conflict with those of § 15.2-2293.1 of the Code of Virginia, 1950, as amended, the provisions of § 15.2-2293.1, as amended, shall govern.

The following shall be included as conditions to any conditional use permit granted under this section:

A report from a registered structural or civil engineer indicating tower height and design, structure, installation and total capacity of the structure (including number and types of users that the structures will accommodate). This data shall satisfactorily demonstrate that the proposed tower conforms to all structural requirements of the Uniform Statewide Building Code and shall set out whether the tower will meet the structural requirements of EIA-222E "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" published by the Electronic Industries Association, effective June 1, 1987, or current update.

A statement from a registered engineer that non-ionizing electromagnetic radiation (NIER) emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the U.S. Government or the American National Standards Institute.

(2)

A new communication antenna to be mounted on existing structures (communication towers, buildings, water towers, etc.) is exempt from the use permit requirement. However, they are only permitted in industrial, commercial and multi-family zones, except for structures used for single-family dwellings, with administrative approval by the department of codes compliance, subject to the following.

The height of the antenna including support structures shall not extend more than fifteen (15) feet above the highest point of the roof line or parapet of the building.

The multiple-family structure must be a minimum of two (2) stories in height.

A report from a registered professional engineer licensed in the Commonwealth of Virginia, indicating tower height and design, foundation, structure, installation and total capacity of the structure (including number and types of users that the structure will accommodate). This data shall satisfactorily demonstrate that the proposed tower conforms to all structural requirements of the Uniform Statewide Building Code and shall set out whether the tower will meet the structural requirements of EIA-222E "Structural Standards from Steel Antenna Towers and Antenna Supporting Structures" published by the Electronic Industries Association, effective June 1, 1987, or current update.

A statement from a registered engineer that non-ionizing electromagnetic radiation (NIER) emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lower applicable exposure standards established by any regulatory agency of the U.S. Government or the American National Standards Institute.

To minimize distraction to traffic, towers/antennas and their appurtenances shall be inconspicuous in their appearance.

(Ord. No. 5028-97, § 1; Ord. No. 5175-98; Ord. No. 5701-01; Ord. No. 6453-08; Ord. No. 6672-10)

Sec. 45-524. - Adult uses.

(a)

Within the city, it is acknowledged that there are some uses, often referred to as adult uses, which because of their nature can have a negative impact on nearby property, particularly when several of them are concentrated under certain circumstances or located in direct proximity to a residential neighborhood, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing the concentration or location of these uses in a manner that would create such adverse effects. The definition of adult uses is found in section 45-201 of this chapter.

(b)

No adult use shall be permitted except in, C1, C2, and C3 districts, the exception being that a nightclub, as defined in this chapter, shall also be permitted in C4 districts. A conditional use permit, as provided for in Article XXVII of this chapter, is necessary for the establishment of an adult use. A conditional use permit may be issued by the city council after recommendation by the planning commission and finding that the location, size, design and operating characteristics of the proposed adult use will be compatible with and will not adversely affect or be materially detrimental to neighboring uses.

(c)

No structure containing an adult use in the C1, C2 or C3 districts shall be located nearer than five hundred (500) feet to:

(1)

Any school, church, park, playground or a library property;

(2)

Any other adult use;

(3)

Any residentially zoned property which fronts on the same street or which contains any school, church, park, playground or library; otherwise, the minimum distance from such structures to a residential zone shall be two hundred (200) feet.

For the purposes of this subsection, distances shall be measured on a straight line (1) from the structure containing the adult use to the nearest point of the property named in (c)(1) or (c)(3) above, or (2) between the structure containing the adult use and the structure containing any other adult use.

(d)

Not withstanding the above regulations, a nightclub as defined in this chapter shall be permitted in the C4 district without a conditional use permit.

(Ord. No. 5028-97, § 1; Ord. No. 5563-01)

Sec. 45-525. - Use regulations.

Every land use authorized by the Code shall be put into action, exercised, utilized, or pursued so as to control objectionable or obnoxious influences, including but not limited to, smoke, noise, soot, airborne particulate matter, vibration or odor, and by so doing minimize the effect of such objectionable or obnoxious influence on any other land use.

(Ord. No. 5028-97, § 1)

Sec. 45-526. - Congregate housing for children.

Congregate housing for children is a residential facility for children within the foster care system. When located in single-family residential zoning districts the minimum lot size shall be not less than five thousand (5,000) square feet. This use may be operated in the districts set forth in Article IV, Summary of Uses by District, provided the following criteria are met:

(1)

Private sleeping quarters shall be provided for adult supervisors.

(2)

No more than four (4) children shall share a bedroom or sleeping area.

(3)

Room size shall be not less than eighty (80) square feet for one (1) child, one hundred twenty (120) square feet for two (2) children, one hundred eighty (180) square feet for three (3) children and two hundred forty (240) square feet for four (4) children.

(4)

Facilities must provide, at a minimum, a one thousand (1,000) square foot outdoor play area and play equipment which is age appropriate.

(5)

Any facility housing twelve (12) or more residents shall provide an indoor recreational room separate from the living room/den area.

(6)

The living area, at a minimum, shall include a living room or den, dining room and kitchen.

(7)

At a minimum, one (1) bathroom shall be provided for the children and one (1) bathroom for the adult supervisors.

(8)

Each residential facility shall provide written criteria for admission. The criteria for admission shall be accessible to zoning code officials, as well as, prospective residents, legal guardians and placing agencies. Such criteria shall include:

A description of the population served;

A description of the types of services offered; and

Intake and admissions procedures.

(Ord. No. 5423-00)

Sec. 45-527. - Off-site church parking lots.

The purpose of this section is to specify criteria for the location of an off-site church parking lot which shall permit a certain number of required parking spaces to be located off-site of a primary church premises. The word "church" shall be deemed to include synagogues, temples and any other facility the primary purpose of which is religious worship. An off-site church parking lot may be allowed by conditional use permit in the districts set forth in Article IV, Summary of Uses by District, provided the following requirements are met:

(1)

No off-site parking shall be permitted for any residential facility owned and operated by the church.

(2)

The off-site church parking lot is located on real property that is titled under the same ownership as that of the church, or that is leased to the church, and that is located with a public and/or private walking path available for public use, and that is located no greater than two hundred (200) feet from the church.

(3)

The off-site church parking lot shall meet the requirements of the site regulations, Chapter 33.02 of the City Code, Section 33.02-52

(4)

The off-site church parking lot shall be screened when abutting any residential use in accordance with the provisions in Article XXX, section 45-3002

(Ord. No. 5549-00)

Sec. 45-528. - Freight containers (shipping containers).

The same regulations that apply to freight containers shall also apply to shipping containers.

(a)

Purpose. The purpose of this ordinance is to regulate portable, weather-resistant receptacles designed for and used in the multi-modal shipment and temporary storage of goods, wares or merchandise.

(b)

Storage of freight containers. The use of property for the placement, use and storage of freight containers shall be authorized only as follows:

(1)

Freight containers may only be stored in the port area, which, for purposes of this section, shall be only those areas zoned M2 heavy industrial located south of 73rd Street, and west of Huntington Avenue from 73rd Street to 50th Street, thence west of Washington Avenue from 50th Street to 35th Street, thence west of West Avenue from 35th Street to 23rd Street, thence south of 23rd Street between I-664 and the James River.

(2)

Freight containers used for the storage of goods or materials, permitted in the M1 and M2 zoning districts, are subject to the following conditions:

The freight containers may be used in the active transport of goods, wares or merchandise or as an accessory use in support of a lawful principal use of property.

The freight containers may only be stored in areas designated for such storage, such as an existing storage, loading or in other designated areas. Freight containers shall not be visible from public rights-of-way.

Except in the port area described in (b)(1) above, freight containers shall not be stacked.

(c)

Freight containers as an accessory use. Freight containers that have transported goods to a site may be used for the temporary storage of such transported goods as an accessory use to a principal use only in the O1, O2, O3, C1, C2, and C5 zones subject to the following restrictions and conditions:

(1)

The use of freight containers for temporary storage shall not exceed six (6) months.

(2)

Freight containers shall not be stacked.

(3)

Freight containers shall not be converted into permanent structures nor used for permanent storage.

(4)

A permit from the department of codes compliance shall be required to allow freight containers on a site under this subsection, as follows:

The owner and/or his representative, and the occupant of the lot or parcel on which the freight container will be used, shall apply for the permit and pay an annual permit fee of three hundred dollars ($300.00) per site housing freight containers.

Applicants shall submit to the department of codes compliance a drawing of the property, to scale, or a site plan that identifies the location of the freight container/containers on the property.

The exterior of each freight container shall be maintained in good repair, and shall be structurally sound.

(5)

The area for placement of freight containers shall be located behind the main building in a paved area or on a concrete pad screened from view from the public and private rights-of-way by existing buildings, landscaping, opaque fencing or by other materials such as berms. The paved area or concrete pad on which freight containers sit shall comply with the specifications of the Design Criteria Manual.

(6)

All freight containers shall comply with setbacks for accessory buildings and with all required transitional buffer areas as identified in the City Code.

(7)

No freight container shall be used for storage of solid waste, hazardous materials as defined in subsection (e)(5), explosives, weapons, materials which, when combined with another substance in the container may become hazardous or any other unlawful substances.

(8)

No freight container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces.

(9)

Graffiti shall be removed immediately from all freight containers.

(10)

Freight containers must be used in connection with a legal use on the site.

(d)

Freight containers as an accessory use on P1 Park zoned property. Freight containers may be used for the storage of goods, as an accessory use to a principal use, subject to the following restrictions and conditions:

(1)

The P1 zoned site shall contain more than 15 acres.

(2)

No more than one freight container can be used for storage on the property.

(3)

Conditions (4) through (10) of subsection (c) of this Section of the Zoning Ordinance shall apply.

(e)

Freight containers are prohibited in residential zones. Except as provided in subsection (f) below, freight containers shall not be placed, stored or used for any purpose on property zoned or used principally for residential purposes. No freight container shall be used as a residence or to support a residential use or home occupation, and no freight container shall be converted into nor used as a permanent structure.

(f)

Freight containers used for storage during construction. Freight containers may be used in all zoning districts for the temporary storage of construction-related materials in a temporary construction yard or building site for which a construction permit has been issued by the City of Newport News. The application for such construction permit shall contain express reference to the proposed use of the freight container for storage purposes. The freight containers are subject to the following conditions:

(1)

Freight containers shall not be stacked.

(2)

Freight containers shall be placed in locations that minimize their visibility from the public street or right-of-way and adjacent residential properties.

(3)

Freight containers shall not be placed in the public street or right-of-way or block public access or fire hydrants.

(4)

Freight containers must remain locked when construction activities are not underway.

(5)

The storage of hazardous materials is prohibited. A hazardous material is defined as substances or materials which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are in solid, liquid, or gaseous form. Hazardous materials include:

Toxic substances, flammable and ignitable materials, corrosive materials, or radioactive materials;

Those substances or materials in the form or quantity which may pose an unreasonable risk to health, safety or property when transported, and which the Secretary of Transportation of the United States has so designated by regulation or order;

Hazardous substances as defined or designated by law or regulation of the Commonwealth or law or regulation of the United States government;

Hazardous waste as defined or designated by law or regulation of the Commonwealth.

(6)

Freight containers shall be sealed against leakage and maintained in structurally sound condition.

(7)

Freight containers shall only be allowed for temporary storage during construction.

(8)

Freight containers shall be removed upon completion of construction and prior to the issuance of a certificate of use and occupancy.

(Ord. No. 6634-09)

Sec. 45-529. - Portable storage containers.

(a)

[Generally.] Except for lots or parcels of land whose principal use is zoned for and used by a business that leases and stores portable storage containers as permitted by subsection (j) below, the use of property for the placement, use and storage of portable storage containers shall be permitted only on a temporary basis and as follows:

(1)

Portable storage containers shall be permitted on lots or parcels of land in all zoning districts on a temporary basis provided that they are used in support of a legal principal use of the property.

(2)

Portable storage containers shall be permitted in all zoning districts subject to the following conditions:

Portable storage containers shall be no larger than eight (8) feet in width, by eight (8) feet, six (6) inches in height, by sixteen (16) feet in length.

Portable storage containers shall not be stacked on lots or parcels of land other than those zoned for and used by a business that leases and stores portable storage containers.

Portable storage containers shall be allowed for up to sixteen (16) days without a permit. Businesses that lease and store portable storage containers shall furnish the zoning administrator with information identified on a form prepared by and obtained from the zoning administrator at the time that the portable storage container is placed on real property in the city. Portable storage containers stored on property for longer than sixteen (16) days shall not be permitted until the owner and/or occupant of the property has obtained a permit for same issued by the zoning administrator.

A portable storage container used in a commercial, office and industrial zoning district shall comply with setbacks applicable to accessory structures in the zoning district in which the container is located and a fee for the placement of same must be paid as required in this section. A portable storage container used on residential property shall be subject to the setback requirements identified in subsection (b)(3) below.

Portable storage containers shall be permitted for the storage of construction-related materials on a lot or parcel for which a construction permit has been issued.

Portable storage containers shall not be used for the storage or transport of solid waste, hazardous materials, explosives and unlawful substances and materials.

Portable storage containers shall not be placed in public streets or rights-of-way or block public access to such or to fire hydrants, water meters, or storm water facilities.

A placard indicating the date of delivery of each portable storage container shall be affixed to the portable storage unit and be clearly visible.

Portable storage containers shall not be permitted on any lot or parcel of land for more than two (2) separate periods during any calendar year.

(b)

Use of portable storage containers on lots or parcels of land zoned for or used as single-family or two-family residences. In addition to the regulations contained in subsection (a), the use of a portable storage container on property zoned or used for single-family or two-family residential purposes shall be permitted on a lot or parcel of land provided that:

(1)

No more than one (1) portable storage container shall be located on a lot or parcel of land, unless it is a two-family residence where both units are being occupied at the same time.

(2)

No other type of portable storage container or shipping container shall be located on the same lot or parcel of land.

(3)

A portable storage container placed in the front yard of a lot or parcel of land shall be set back a minimum of fifteen (15) feet from the edge of the curb. If no curb exists, the portable storage container shall be set back fifteen (15) feet from the edge of the pavement. In all cases, however, a portable storage container shall be set back to at least the front property line. A portable storage container may be placed in a side or rear yard provided that it does not encroach on adjacent property.

(c)

Use of portable storage containers on lots or parcels of land zoned for or used as multi-family residences. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned for or used for multi-family residential purposes shall be permitted only upon an on-site parking space or within the dwelling unit's front yard, provided that placement of portable storage containers shall be governed in the same manner as the front yard placement provisions set forth in subsection (b)(3) above.

(d)

Use of portable storage containers on lots or parcels of land zoned or used for office purposes, including C4 Oyster Point Business District uses. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for office purposes, including C4 Oyster Point Business District uses, shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(e)

Use of portable storage containers on lots or parcels of land zoned or used for commercial purposes. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for commercial purposes shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(f)

Use of portable storage containers on lots or parcels of land zoned or used for mixed use purposes. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for R9 Mixed Use Development uses, Neotraditional Overlay District uses, Lower Jefferson Avenue Urban Corridor Overlay District uses, C3 Regional Business District uses, or Oyster Point Urban Core District uses shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(g)

Use of portable storage containers on lots or parcels of land zoned or used for industrial purposes, including C5 Oyster Point Business/Manufacturing District. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for industrial purposes, including C5 Oyster Point Business/Manufacturing District, shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed within an outside storage area as identified on an approved site plan.

(h)

Extension period of time limit. Should the owner and/or occupant of the lot or parcel of land desire to keep the portable storage container on site for more than a sixteen (16) consecutive calendar day period, for good cause shown, the owner and/or occupant may apply to the zoning administrator for approval of a permit for up to seventy-four (74) additional consecutive calendar days beyond the permitted sixteen (16) consecutive calendar days; it is the intent of this provision that portable storage containers may be kept on sites for no more than ninety (90) consecutive calendar days during the extension period. Good cause may include, but is not limited to, the fact that the structure on the lot or parcel site is undergoing renovation, repair or reconstruction during the requested time extension. If the zoning administrator determines that good cause exists for the requested extension, a permit fee as established herein must be paid prior to the issuance of the permit. If required, a construction permit must have been issued for the renovation, repair or reconstruction, and remain valid during the extension period. No extension may be granted until the permit fee has been paid.

(i)

Portable storage container permit fees. The permit fee for placement of any portable storage container on a lot or parcel of land in the city for more than sixteen (16) consecutive calendar days shall be as follows:

(1)

A portable storage container fee of thirty-five dollars ($35.00) shall be paid by the owner and/or occupant of the lot or parcel of land to the department of codes compliance prior to the sixteenth (16th) consecutive calendar day for the placement of a portable storage container for a period of time that exceeds sixteen (16) consecutive calendar days.

(2)

If the owner and/or occupant of the lot or parcel of land has not paid the portable storage container fee of thirty-five dollars ($35.00) as required in subsection (1) herein, the cost of the permit fee which must be paid by the owner and/or occupant of the lot or parcel of land shall be seventy dollars ($70.00) for the placement of a portable storage container for a period of time that exceeds sixteen (16) consecutive calendar days.

(3)

Each portable storage container permit shall expire at the end of an approved extension or the expiration of the construction permit but, in no event, shall the permit be valid more than ninety (90) days after placement of the portable storage container on a lot or parcel of land.

(j)

Use of portable storage containers as a principal use. The business of leasing and storing portable storage containers as defined by this ordinance may be conducted as a principal use in the industrial zoning districts, including C5 Oyster Point Business/Manufacturing District, provided that the said business complies with the requirements of sections 45-402 and 45-521 of the zoning ordinance and the criteria of the applicable zoning district.

(k)

If the sixteenth (16th) day during which a portable storage container is permitted to remain on a lot or parcel of land occurs on a weekend or holiday, the owner and/or occupant of said lot or parcel of land shall have until the next working day of the city to make the application required by this section.

(Ord. No. 6269-06, § 1)

Sec. 45-530. - Self-service ice vending units.

(a)

Purpose. The purpose of the following sections is to promote the health, safety, convenience, and general welfare of residents by governing the size, location, physical dimensions, setbacks and other standards of self-service ice vending units in each district where such use is permitted. No self-service ice vending units shall be located or used in the City of Newport News except in accordance with the provisions contained herein.

(b)

Zoning districts. Self service ice vending units are permitted in C1, C2, M1 and M2 zoning districts on properties two (2) acres or greater in size.

(c)

Fee. A review fee of one hundred dollars ($100.00) will be assessed for each ice vending unit. The fee shall be paid to the department of codes compliance.

(d)

Standards. Where permitted, self-service ice vending units shall comply with the following minimum standards:

(1)

Only one (1) self-service ice vending unit shall be permitted per site.

(2)

A self-service ice vending unit or other similar use shall be no closer than one hundred (100) feet to any single-family residential district.

(3)

No self-service ice vending unit or other similar use shall encroach into the minimum required setback; however, no self-service ice vending unit shall be placed closer than fifty (50) feet to any right of way line.

(4)

The foundation of each unit shall be screened by skirting.

(5)

A self-service vending unit shall be installed on an impervious surface, and shall not be installed on any green area.

(6)

Roof-mounted or other equipment on top of the unit shall be screened by a parapet.

(7)

Within thirty (30) calendar days of the closure or ceasing of operation of any self-service ice vending unit, the owner of the said unit and/or the owner of the land, shall remove all equipment and incidentals from the premises.

(8)

Applicants shall acquire site plan approval, if necessary, from the department of engineering and approval from the peninsula health district prior to the issuance of a building permit. The self-service ice vending unit shall comply with all Uniform Statewide Building Code requirements.

(9)

Each self-service ice vending unit shall be pre-wired to connect to a generator for the purpose of providing power to the unit in the event of electrical power failure. Each self-service ice vending unit shall be marked with the type of generator that it requires.

(e)

Signs.

(1)

Signage shall be no more than thirty-two (32) square feet in aggregate on no more than two (2) sides of the ice vending machine.

(2)

Freestanding, temporary and portable signs shall not be permitted.

(f)

Parking. No off-street additional parking shall be required. In no case shall the addition of a self-service ice vending unit create nonconformity in the parking requirements of the existing primary uses.

(g)

Access. Ingress and egress to and from self-service ice vending units shall not impede pedestrian or vehicular traffic flow.

(Ord. No. 6781-11)

Sec. 45-531. - Temporary family health care structures.

Any person seeking to install a temporary family health care structure, as defined in article II of this chapter, shall comply with the following:

(a)

Obtain a permit from the department of codes compliance, for which a fee of one hundred dollars ($100.00) will be charged and paid in full prior to the issuance of the permit.

(b)

A permit for a temporary family health care structure shall not be issued unless compliance with the following is demonstrated:

(1)

That the structure in which temporary care will be provided is primarily assembled at a location other than the site of installation.

(2)

That the structure is limited to one (1) occupant who shall be the mentally or physically impaired person.

(3)

That the structure has no more than three hundred (300) gross square feet.

(4)

That the structure meets all requirements applicable to accessory structures.

(5)

That the structure complies with applicable provisions of the Industrialized Building Safety Law (Va. Code § 36-70 et seq.) and the Uniform Statewide Building Code (§ 36-97 et seq.).

(6)

That the structure is not placed on a permanent foundation.

(7)

That the structure is connected to water, sewer, and electric utilities that are serving the primary residence on the property.

(8)

That the structure is in compliance with all applicable Virginia Department of Health requirements.

(c)

The applicant and the landowner, if different from the applicant, of the temporary health care structure shall provide a written report showing compliance with this section, annually, to the zoning administrator.

(d)

No signage, advertising, or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary health care structure or elsewhere.

(e)

Only one (1) temporary family health care structure shall be permitted on a lot or parcel of land.

(f)

Any temporary family healthcare structure installed pursuant to this section shall be removed within thirty (30) days from the date the mentally or physically impaired person is no longer receiving or is no longer in need of the assistance provided for in this section.

(g)

The zoning administrator may revoke the permit granted pursuant to this section if the permit holder violates any provision of this section.

(Ord. No. 6795-11, § 1)

Secs. 45-532—45-600. - Reserved.