On the agenda: Petersburg meeting — Data Center (Feb 3)

City of Petersburg
Zoning and Subdivision Ordinance Update
Joint Review Work Session | February 3, 2026 | Agenda & Memo
PROJECT OVERVIEW
The City of Petersburg has enlisted the support of Berkley Group to update, modernize, and restructure
the Zoning and Subdivision Ordinances into one seamless regulatory document. The revised Zoning and
Subdivision Ordinances will:
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Provide streamlined and user-friendly regulations;
Incorporated best planning practices and current state code requirements;
Address the goals and strategies identified in the Comprehensive Plan; and
Consider citizen needs and issues identified through the public engagement process.

This process has been guided by Petersburg Planning staff and the Planning Commission, and has
included opportunities for input from City Council, stakeholders, and citizens.
Tonight’s meeting will focus on reviewing the full draft ordinance.
AGENDA
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Berkley Group Presentation
Full Draft Ordinance Review (Articles 1-11)
Next Steps and Closing

ATTACHMENTS
A. Draft Article Summary (Pages 4-13)
Highlights key changes in the proposed drafted Ordinance.
B. Table of Contents
A table of contents for the full draft Ordinance is provided to aid review.
C. Draft Article 1 – In General (Pages 14-21)
Article 1 establishes the authority of the Zoning and Subdivision Ordinance in accordance with
state code.
D. Draft Article 2 – Administration (Pages 22-30)
Article 2 establishes the administration of the Zoning and Subdivision Ordinance, which
includes appointment of the Zoning Administrator and Subdivision Agent, procedures for
commissions and boards, and enforcement of violations and penalties. The language in Article
2 is proposed in accordance with state code requirements.
E. Draft Article 3 – Permits and Applications (Pages 31-68)
Article 3 outlines application requirements and procedures for Rezonings, Special Use Permits,
Variances, Site Plans, and similar processes.
F. Draft Article 4 – District Standards (Pages 69-125)
Article 4 establishes the City’s primary, or base, zoning districts. The dimensional standards for
all zoning districts have been consolidated into a single Article, as opposed to being siloed into
different Articles as is done currently, for ease of use.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Joint Review Work Session | February 3, 2026 | Agenda & Memo
G. Draft Article 5 – Overlay Zoning Districts (Pages 126-133)
Article 5 establishes provisions for the City’s Highway Corridor Overlay District (HCOD) and
Historic Overlay Districts (HOD). If the City elects to adopt any additional overlay districts in the
future, they can be added into this Article.
H. Draft Article 6 – Use Matrix (Pages 134-144)
Article 6 establishes the use matrix and associated introductory provisions.
I.

Draft Article 7 – Use Performance Standards (Pages 145-209)
Article 7 establishes performance standards for specific land uses, including operational,
locational, and design requirements to ensure compatibility with surrounding development.

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Draft Article 8 – Community Development Standards (Pages 210-269)
Article 8 establishes the City’s community development standards, which address site design,
landscaping, screening, parking, signage, lighting, and other physical components of
development. These standards apply across zoning districts and are intended to enhance the
City’s visual character, promote walkability, enhance neighborhood safety, and ensure
compatibility between developments.

K. Draft Article 9 – Nonconformities (Pages 270-274)
Article 9 outlines provisions for nonconforming uses, structures, and lots in accordance with
state code.
L. Draft Article 10 – Subdivision (Pages 275-311)
Article 10 establishes Subdivisions, creating one streamlined land use ordinance for the City of
Petersburg. Currently, the City’s Subdivision Ordinance is in a separate Appendix (Appendix A)
of City Code.
M. Draft Article 11 – Definitions (Pages 312-345)
Article 11 compiles all definitions for the Zoning and Subdivision Ordinance.
N. Zoning Ordinance Crosswalk (Pages 346-349)
The Zoning Ordinance Crosswalk compares the location of current Zoning Ordinance sections
to the proposed location of equivalent sections.
O. Subdivision Ordinance Crosswalk (Pages 350-357)
The Subdivision Ordinance Crosswalk compares the location of current Subdivision Ordinance
sections to the proposed location of equivalent sections.
P. Public Comment Responses (Page 358)
The public was invited to comment on the full draft ordinance at the Public Open House held
November 10 or via online survey (available November 10 through December 19, 2025).

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City of Petersburg
Zoning and Subdivision Ordinance Update
Joint Review Work Session | February 3, 2026 | Agenda & Memo
PROJECT SCHEDULE
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September 25, 2024 – Work Session #1, Joint Planning Commission and City Council Kickoff
April 22, 2025 – Work Session #2, Planning Commission Review Session
June 2, 2025 – Work Session #3, Planning Commission Review Session
June 24, 2025 – Work Session #4, Planning Commission Review Session
July 29, 2025 – Work Session #5, Planning Commission Review Session
November 10, 2025 – Open House, Draft Ordinance Public Review
February 3, 2026 – Pre-Adoption Joint Work Session
March 2026 TBD – Joint Public Hearing and Final Adoption

PROGRESS TO DATE
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Staff Kickoff – Held April 29, 2024. Berkley Group conducted a kickoff meeting with Petersburg
staff to review the scope of work and deliverable items.

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Public Engagement – Public engagement offered opportunities to collect community feedback
on priorities for the ordinance update. An online public survey was available from June 15 to
August 18. Public popup events were held June 15 and August 6 at the Juneteenth Festival and
National Night Out, respectively. Focus group interviews were held June 14 and August 6.

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Joint CC and PC Kickoff Work Session – Held September 25, 2024. During this meeting, the
Berkley Group gave a presentation on the scope of work, schedule, Diagnostic Report, and
Public Engagement Summary.

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Work Session #2 – Held April 22, 2025. The focus of this meeting was to review and discuss
drafts of Article 1, In General; Article 2, Administration; Article 3, Permits and Applications;
Article 9, Nonconformities; and related definitions.

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Work Session #3 – Held June 2, 2025. The focus of this meeting was to review and discuss drafts
of Article 6, Use Matrix; Article 7, Use Performance Standards; and related definitions.

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Work Session #4 – Held June 24, 2025. The focus of this meeting was to review and discuss
drafts of Article 4, District Standards; Article 8, Community Development Standards; and
related definitions.

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City Council Check-In – Held July 15, 2025. The focus of this meeting was to provide an update
to City Council on the progress of the Zoning and Subdivision Ordinance Overhaul

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Work Session #5 – Held July 29, 2025. The focus of this meeting was to review and discuss drafts
of Article 5, Overlay Zoning Districts; Article 10, Subdivision; and related definitions.

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Open House – Held November 10, 2025. Berkley Group presented the draft Ordinance to the
public for feedback and revisions. An exit survey seeking additional feedback was available to
the public from November 10 until December 19, 2025; a flyer and social media graphic
advertising the open house and exit survey were provided to the City to help encourage
participation.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
GENERAL NOTES
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Consider the editor’s footnotes to aid in review. The footnotes explain revisions, omissions,
modifications, requested edits, etc. during the drafting and review phases. They will be removed
from the final adopted document.

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References to pertinent sections of state code have been incorporated and updated
throughout.

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Recent amendments to current Zoning Ordinance are incorporated.

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When sections are cross referenced within Ordinance text, they will be highlighted. Since
section numbers may change as text is revised, added, and deleted throughout the drafting
process, the highlights will aid in ensuring section references are updated as edits are
incorporated.

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Overall, text has been significantly streamlined, edited, and reorganized to achieve the goal of a
user-friendly Ordinance that is both understandable to the public and easily enforceable by the
City.

ARTICLE 1 – IN GENERAL (DISCUSSED APRIL 22, 2025)
Article 1 establishes the authority of the Zoning and Subdivision Ordinance in accordance with state
code:
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Housekeeping items, including general purpose and applicability, Ordinance conflicts and
interpretation, and the Zoning Map are established.

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Provisions for transitioning to the new Ordinance specify the effective date and how to handle
applications and permits submitted prior to the effective date.

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Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been
incorporated, updated, and/or expanded in Article 1 include Articles 1, 2, 4, 32, and 34. Brand
new text has also been introduced as needed.

ARTICLE 2 – ADMINISTRATION (DISCUSSED APRIL 22, 2025)
Article 2 establishes the administration of the Zoning and Subdivision Ordinance:
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Powers and duties of the Zoning Administrator, Subdivision Agent, Planning Commission, Board
of Zoning Appeals, and Architectural Review Board are established.

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Enforcement and penalties provisions have been significantly updated in accordance with the
Code of Virginia. As authorized by state code, the penalties for violations can include both
criminal and civil penalty options.

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The fee schedule is recommended to be removed from the Ordinance and readopted separately
as an appendix of the City Code. This will allow for greater flexibility and an easier process if fees
need to be updated in the future. Article 2 now allows for the fee schedule to be incorporated by
reference rather than remaining as a direct component of the Ordinance.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
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Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been
incorporated, updated, and/or expanded in Article 2 include Articles 27, 33, and 35, as well as
Chapter 82 of the City Code. Brand new text has also been introduced as needed.

ARTICLE 3 – PERMITS AND APPLICATIONS (DISCUSSED APRIL 22, 2025)
Article 3 outlines the following application requirements and processes:
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Zoning Text and Map Amendments (Rezonings)
Conditional Zoning (Rezoning with Proffers)
Special Use Permits
Variances
Site Plans
Zoning Permits
Temporary Use Permits
Certificate of Occupancy
Certificate of Appropriateness
Zoning Determinations
Appeals
Public Hearings and Notification

To ease administration and prevent conflicts with state code where processes are specifically
prescribed (such as notification requirements and required review/action timeframes), Ordinance
language has been truncated with a simple reference to the applicable state code section wherever
possible. This allows the Ordinance to stay up to date if a key state code provision changes.
Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been incorporated,
updated, and/or expanded in Article 3 include Articles 23, 26A, 27, 28, 30, 35, 36, and 38. Brand new
text has also been introduced as needed.
Important policy changes/considerations of note include:
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Concept Plans: The draft ordinance proposes utilizing a binding Concept Plan for Zoning Map
Amendments (Rezonings), Conditional Zoning (Rezonings with Proffers), and Special Use
Permits. This process allows developers to proceed with discretionary review and public
hearings without undertaking a fully engineered Site Plan. A Concept Plan can also be required
for Variances and Temporary Use Permits, where a full Site Plan may not be necessary. However,
the Zoning Administrator would retain the ability to require a fully engineered Site Plan in lieu of
a Concept Plan as needed.

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Zoning Text and Map Amendments (Rezonings): The current Zoning Ordinance addresses the
process for initiating zoning text and map amendments along with related public notice
requirements, but does not provide standards and procedures for the rezoning or text
amendment process. All language included in Article 3, Division 2 is therefore proposed as a
new addition and has been reviewed to include the most up-to-date requirements from relevant
sections of the Code of Virginia.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
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Conditional Zoning (Rezoning with Proffers): This process is addressed in Article 26A of the
current Ordinance. It can be found in Article 3, Division 3 of the updated Zoning Ordinance. The
existing Ordinance language has been restructured and amended for clarity, and expanded to
include all pertinent sections of the Code of Virginia.

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Special Use Permits: This process is addressed in Article 23 of the current Ordinance. It can be
found in Article 3, Division 4 of the updated Zoning Ordinance. SUPs are heard by the Planning
Commission and City Council, and are for uses that may be appropriate in a zoning district but
require special consideration due to its nature, extent, or external impacts. Existing Ordinance
language has been restructured and amended for clarity, and expanded to include all pertinent
sections of the Code of Virginia. New text has been added to further address standards and
procedures, period of validity, revocations, and reconsiderations. The use list provided in article
23 will be reframed into a Use Matrix that will be presented in future Article 6.

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Special Exception Permits: Special Use Exception Permits are addressed in Article 27, Section
5 of the current Ordinance. To streamline processes and reduce redundant reviews, Special
Exceptions have been removed from the Zoning Ordinance. The Special Use Permit process is
functionally equivalent and will address uses that require conditions for impact mitigation.
Relevant provisions from Article 27 will be retained and incorporated into the proposed
Ordinance.

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Variances: Variances are addressed in Article 27, Section 7 of the current Ordinance. State code
permits the BZA to review and grant variance requests, if the applicant proves hardship and
provides evidence that the application meets the standard for a variance as well as the criteria
set forth in the Code of Virginia. The existing Ordinance language has been restructured and
amended for clarity, and expanded to include all pertinent sections of the Code of Virginia.

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Conditional Use Permits: This process is addressed in Article 27, Section 8 of the current
Ordinance. Unlike SUPs, CUPs are considered by the BZA and allow for certain conditions to be
added to approvals for SEs and appeals. This process is redundant as state code already allows
conditions to be added to SUPs, SEs, and Variances; therefore, the CUP is proposed to be
removed, but functionally there is no reduction in the City’s ability to add appropriate
conditions.

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Zoning Permits: Provisions for Zoning Permits have been introduced for minor improvements
(e.g., fences, walls, signs) and changes of use that otherwise do not trigger a Site Plan. Zoning
Permits are approved administratively.

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Temporary Use Permits: Provisions for Temporary Use Permits have been introduced. Temporary
Use Permits may be appropriate for temporary uses such as festivals, popup shops, seasonal
businesses, and other types of uses that are not intended to operate permanently. Temporary
Use Permits are capped at 12 months or less; the Zoning Administrator may determine the exact
length of the permit. Up to two extensions may be granted at the discretion of the Zoning
Administrator.

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Zoning Determinations: Provisions for Zoning Determinations provided by the Zoning
Administrator have been introduced. While this practice is already occurring as needed, a
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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
simple process has been codified along with provisions for appeal in accordance with state
code.
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Summary Table of Required Notice: To assist with demonstrating when public notice is required
in accordance with Code of Virginia § 15.2-2204, a matrix summary has been provided. This
table is for reference only and is not a substitute for state code or Zoning Ordinance language.

ARTICLE 4 – DISTRICT STANDARDS (DISCUSSED JUNE 24, 2025)
Article 4 establishes the City’s primary zoning districts. Currently, regulations for the City’s primary
zoning districts are housed in different articles. All regulations for primary zoning districts have been
consolidated into a singular article for ease of use.
The following list summarizes major changes to the draft Article 4:
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New purpose and intent statements have been established for each of the primary zoning
districts. This is to more clearly differentiate between the purpose of the different zoning
districts. The City’s Comprehensive Plan was referenced in developing the updated purpose and
intent statements. Additionally, these statements have been consolidated in a single section at
the beginning of the Article for clarity and ease of use.

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Place Types identified in the Comprehensive Plan have been incorporated into the Zoning
Ordinance to guide development within each zoning district. These Place Types reinforce the
underlying principles of the Comprehensive Plan and help ensure zoning regulations align with
the City’s long-term vision. For clarity and ease of use, references to Place Types have been
consolidated in a single section at the beginning of the Article.

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Dimensional standards for primary zoning districts (e.g., minimum lot size, minimum lot width,
maximum structure height) have been reorganized into separate tables for ease of use and to
allow for easy comparison between “similar” zoning districts. This also helps to eliminate the
loopholes and conflicting text that currently exist. Use lists have been removed from the draft
Article; the Use Matrix in Article 6 addresses all uses and associated permissions.

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The existing standards have been extensively reviewed and updated. This is to incorporate
elements of a form-based code, align zoning regulations more closely with existing
development patterns to help eliminate nonconformities, and with the vision established in the
Comprehensive Plan’s Future Land Use Map.
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Lot sizes have been reduced in residential neighborhoods near the downtown area to
facilitate infill within historic grid patterns that feature smaller existing lots.
Example in R-2:
Current lot size is 5,000 SF.
Proposed lot sizes:
Single-Family Dwellings: 2,500 SF
Duplex/Triplex/Quadplex Dwellings: 5,000 SF
Non-Residential Uses: 5,000 SF

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
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Lot sizes in the R-1A and R-1 districts remain the same to maintain single family
neighborhood development patterns:
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R-1A: 15,000 SF
R-1: 8,000 SF

Build-To-Zones have been introduced in more urban districts, while setbacks continue
to be utilized in more suburban or corridor commercial districts.

Recommend phasing out the R-1A, RMH, RTH, R-5, and A zoning districts. This is to avoid
redundant zoning districts that have the same or similar purpose, envisioned uses, and district
standards. This also aligns with Comprehensive Plan goals associated with streamlining zoning;
moving away from agriculture as an economic base; and diversifying housing.
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These districts would still remain as they exist on the current Zoning Map, but there
would be no future expansions.

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Graphics have been added to Article 4 to help demonstrate general district standards.

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Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been
incorporated, updated, and/or expanded include Articles 4 through 18.4, 22, and 26. Brand new
text has also been introduced as needed.

ARTICLE 5 – OVERLAY DISTRICTS (DISCUSSED JULY 29, 2025)
Article 5 establishes provisions for the City’s overlay zoning districts, including the current Historic
Overlay District(s) (HOD) and a newly introduced Highway Corridor Overlay District (HCOD). If the City
elects to adopt any additional overlay districts in the future, they can be added into this Article.
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Historic Overlay District standards have been reorganized into Article 3 for Certificate of
Appropriateness procedures, and Article 5 for Historic District standards. Existing standards
have been retained, along with new provisions that prohibit certain uses in Historic Districts.
Design standards have also been clarified to more specifically reference both federal and local
historic preservation guidelines.

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The Highway Corridor Overlay District (HCOD) has been introduced to provide enhanced design
and development standards along the corridor connecting the new casino area to Old Towne.
Prohibited uses have been introduced along with stronger façade standards to promote a
visually appealing thoroughfare for tourists traveling through the City.

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Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been
incorporated, updated, and/or expanded include Articles 35 and 36.

ARTICLE 6 – USE MATRIX (DISCUSSED JUNE 2, 2025)
Article 6, Use Matrix, identifies where each land use type is permitted across each zoning district. Uses
have been compiled and updated from the existing “Use Regulations” section of each current district
article, as well as special uses enumerated in Article 23. Major changes include:
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Revised uses and definitions to align with best practices and needs identified from Staff.
Consolidating and revising uses streamlines the Ordinance, eases administration, and ensures
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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
that similar uses are regulated consistently within each zoning district. Broader terminology
allows for greater adaptability and flexibility as new land uses arise.
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Created a matrix of all uses, which replaces the list format provided in the existing Ordinance.
This matrix provides a list of all permitted uses in the City and identifies whether the use is
allowed by-right or by Special Use Permit in each zoning district. The matrix also identifies when
the use has performance standards and references the pertinent Ordinance section.

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Added or clarified modern uses and terms, and introduced broad use terms to capture multiple
individual uses. Examples include, but are not limited to:

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Entertainment/Recreation, Commercial Indoor. Intended to encompass indoor
operations such as bowling alleys, arcades, or movie theaters. The revised term ensures
the category covers a range of indoor entertainment uses commonly operated for
commercial purposes.

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Retail Store, Large/Small. Intended to streamline regulation of general retail uses by
distinguishing them based on floor area rather than specific product types. This
approach simplifies the use classification and ensures flexibility as retail formats evolve.
However, certain objectionable retail uses such as liquor stores, vape/smoke shops,
and discount retail stores (“dollar stores”) have been separated as individual uses with
performance standards.

Added or clarified uses required or regulated by state code. Examples include, but are not
limited to:
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Agritourism. The presence of an existing agricultural district requires agritourism to be
permitted in accordance with Code of Virginia § 15.2-2288.6.

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Amateur Radio Antenna. Code of Virginia § 15.2-2293.1 has requirements for the
placement and height of such antennas.

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Family Day Home (1-4 Individuals) and Family Day Home (5-12 Individuals). Code of
Virginia § 15.2-2292 requires that “Family Day Homes” for 1-4 individuals be allowed
where single-family dwellings are permitted. “Family Day Homes” for 5-12 individuals
may be permitted at the discretion of the community but must be licensed.

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Telecommunications Facility, Small Cell. Code of Virginia § 15.2-2316.4 has
requirements for the review and permitting of such facilities.

Revised or retained use permissions per district based on the evolving needs of the City and to
maximize the profitability of commercial and industrial parcels.
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Data Center. Retained as a by-right use in M-1 and M-2 Districts.

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Religious Assembly. Clarified as a by right use in residential districts only, along with the
mixed commercial-residential districts (MXD-1 and MXD-2); removed from all
commercial and industrial-based districts (B-1, B-2, B-3, M-1, M-2, MXD-3).

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
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ERC District. ERC District uses have been retained from the recently adopted Ordinance
amendments.

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A District. Uses in the A (Agricultural) District have been limited to primarily agricultural
uses, certain residential uses, and certain public uses (such as a park). Limited
commercial uses may be appropriate with an SUP. Industrial uses would need to rezone
to an industrial district.

ARTICLE 7 – USE PERFORMANCE STANDARDS (DISCUSSED JUNE 2, 2025)
Article 7, Use Performance Standards, provides provisions and regulations to limit the impact of specific
uses on surrounding property and the City at large. These pertain to the use, whether it is permitted byright and/or by Special Use Permit.
Most standards introduced in this Article are new additions and not currently included in the Zoning
Ordinance. However, any standards the City currently has have been retained. These standards are for
Data Center; Home Occupation; Nightclub; Retail Store, Small Box Discount; Short-Term Loan
Establishment; Recreational Substances Retail, On-Site and Off-Site Use; Utility Service, Minor; Bed and
Breakfast; and Parking, Off-Site.
Additionally, the Code of Virginia requires the inclusion of specific performance standards for certain
uses. Use standards for the following uses have therefore been introduced for Code-compliance
specifically: all Agricultural uses; Amateur Radio Towers; Telecommunications Facility;
Telecommunications Facility, Small-Scale; and Family Health Care Structure, Temporary.
Due to the length of the Article and the diversity of the different standards, changes will be highlighted
at a broad level per Division. The major changes include:
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Division 1 – General
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Division 2 – Accessory Use Standards
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Establishes general provisions for use-specific standards in the Zoning Ordinance. The
purpose of the Division is to state that the performance standards provide baseline
requirements for certain land uses and apply regardless of the approval process, while
also clarifying that additional permits – such as a Special Use Permit, Site Plan, or
business license – may be required.

Accessory use standards include those uses which are typically incidental to a primary
use, such as accessory structures, accessory dwelling units, drive-through facilities,
home occupations, and outdoor storage.

Division 3 – Agricultural Use Standards
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The Future Land Use Map (FLUM) in the Comprehensive Plan does not include
Agricultural designations. However, since there is existing Agricultural zoning, state
code requires that certain agriculture-related uses be permitted. Use performance
standards are included to ensure that these uses are compatible with surrounding
development and to mitigate potential impacts.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
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Divisions 4 through 8 – Commercial, Industrial, Public/Civic/Recreational, Residential, and
Miscellaneous Use Standards
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Establish specific performance standards for a variety of uses. The purpose of these
standards is to promote compatible development; mitigate potentially harmful impacts
on nearby properties; and further the overall public health, safety, and welfare.

ARTICLE 8 – COMMUNITY DEVELOPMENT STANDARDS (DISCUSSED JUNE 24, 2025)
Article 8 establishes the City’s community development standards, which address site design,
landscaping, screening, parking, signage, lighting, and other physical components of development.
These standards apply across zoning districts and are intended to enhance the City’s visual character,
promote walkability, and ensure compatibility between developments. Key highlights include:
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The ERC District is specifically exempted from the standards of Article 8, allowing the previously
developed ERC standards as adopted in 2024 (now located in Article 4) to control.

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Compliance thresholds have been introduced for site modifications. Based on staff input, the
standards now distinguish between minor and major site changes. Smaller modifications are
required to bring only the portions of the site most directly affected into compliance with new
standards, while larger site changes may trigger broader compliance with Article 8 standards.
This approach ensures proportional application of requirements based on the scale of
development activity.

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Building and architectural standards have been newly introduced. These provisions establish
general architectural and site design standards that promote pedestrian-oriented, humanscaled development. However, to avoid conflicts with preservation goals, Division 2 does not
apply to buildings located within designated local historic districts or listed on state or national
historic registers.

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Pedestrian and bicycle accommodations standards have been newly introduced. These
provisions establish a connection to the Comprehensive Plan’s Bicycle Network Map and
introduce requirements for pedestrian/bicycle paths, including protective buffers and
interconnectivity to existing sidewalks.

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New outdoor amenity and open space standards have been introduced. The updated ordinance
requires open space to be provided as part of development, with flexibility to include active and
passive recreation.

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Landscape plan requirements and planting standards have been established. Tree standards
are aligned with the City’s existing Tree Protection Ordinance and guidance from the Green
Infrastructure Center. New standards for shrubs, groundcover, and general landscaping are
included. Native plants are encouraged but not required per the City Arborist’s direction, and
invasive species are prohibited. Landscape modification provisions have been introduced to
allow flexibility in meeting landscape requirements based on unique site constraints or
conditions.

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Screening and transitional buffer requirements have been newly introduced. These standards
apply where higher-intensity developments abut lower-intensity districts and include
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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
requirements for screening service areas and mechanical equipment. Additional standards
have been added for corridor frontages.
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Fencing and wall standards have been revised. Standards for retaining walls have also been
introduced. New material standards for fences and walls are provided to ensure quality design
while still allowing alternative materials where appropriate.

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Parking lot design standards have been updated. Emphasis is placed on locating parking areas
to the side or rear of buildings to enhance visual character along corridors. Parking calculation
standards have also been fully revised for consistency with uses provided in Article 6, Use
Matrix. Provisions to allow modifications for parking reductions or increases from the base
standards have also been introduced to allow for flexibility based on unique parking needs and
the availability of nearby public parking areas or transit options.

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Sign standards have been reorganized and modernized. The updated ordinance is based on the
LGA Model Sign Ordinance, with local adaptations. Standards are now organized in table format
for ease of use. Non-content-neutral provisions have been removed, and sign types, sizes, and
locations have been clarified.

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Exterior lighting standards have been introduced. These include requirements for full cut-off
fixtures, maximum glare levels, and fixture height limits. Lighting plan submittal requirements
have also been established. It is noted that these requirements do not apply to individual single
family homes, but rather commercial and industrial uses, sidewalk/parking lot lighting, and
certain residential uses such as apartment buildings.

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Graphics have been added throughout Article 8 to support user understanding of dimensional
and design standards.

ARTICLE 9 – NONCONFORMITIES (DISCUSSED APRIL 22, 2025)
Article 9 outlines provisions for nonconforming uses, structures, and lots. Key highlights include:
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Nonconforming use provisions are materially the same as currently provided, but clarification
has been added as needed in accordance with state code.

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The term “noncomplying structures” has been revised to “nonconforming structures” to align
with state code. This distinction helps clarify occurrences when a noncomplying structure is not
necessarily a nonconforming structure, as provided in Code of Virginia § 15.2-2307. Provisions
for the repair and maintenance of nonconforming structures have also been clarified and
expanded to better align with state code.

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Provisions for nonconforming lots have been introduced. This clarifies how nonconforming lots
may be legally developed and/or brought into full conformance.

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Relevant articles, in whole or in part, from the existing Zoning Ordinance that have been
incorporated, updated, and/or expanded in Article 3 include Article 24. Brand new text has also
been introduced as needed.

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City of Petersburg
Zoning and Subdivision Ordinance Update
Attachment A. Draft Article Summary
ARTICLE 10 – SUBDIVISION (DISCUSSED JULY 29, 2025)
Article 10 provides procedures and regulations for the division and development of land. Currently
included as an appendix of the City Code, the Subdivision Ordinance has been incorporated with the
Zoning Ordinance to create a unified development code. Key highlights include:
•

The Subdivisions Ordinance has generally been reorganized and streamlined with brand new
text; provisions that have been retained are noted in the draft article document.

•

New state code requirements for plat reviews and the Designated Agent (Subdivision Agent)
have been incorporated.

•

Design standards have been updated and streamlined to provide more direction on the
suitability of land, lot configuration, and lot access, while retaining existing dimensional
requirements where applicable to provide development continuity (e.g., minimum block length
of 1,000 ft. has been retained).

•

Family subdivisions have been removed, as this process is more typical of agricultural districts
in rural localities. This is in keeping with the Comprehensive Plan, which does not include
agricultural or rural areas on the Future Land Use Map.

•

A new division has been introduced to more clearly address surety/bonding requirements.

•

Relevant code sections include Appendix A of the City Code.

ARTICLE 11 – DEFINITIONS
Definitions pertinent to the Ordinance have been compiled into Article 11.

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ARTICLE 1. In General.1
Division 1. Enactment and Authority.
Section 1-1-1. Title.2
This Chapter, the full title of which is “The Zoning and Subdivision Ordinance of the City of
Petersburg, Virginia,” shall be permitted, for convenience, to be referred to as the “Zoning and
Subdivision Ordinance” or “Ordinance.”

Section 1-1-2. Authority.3
(A) Pursuant to the Code of Virginia § 15.2-2280 et seq., the City of Petersburg, Virginia, is given the
authority to classify and regulate land development under its jurisdiction.
(B) Pursuant to the Code of Virginia § 15.2-2240, et seq., the City of Petersburg, Virginia, is
authorized to adopt regulations to ensure the orderly subdivision of land and its development.
(C) The provisions of Chapter 122, Article II, Chesapeake Bay Preservation Areas, of the Petersburg
City Code are incorporated into this Ordinance by reference.

Section 1-1-3. Purpose.4
(A) The purpose of this Ordinance is to implement the City of Petersburg Comprehensive Plan;
promote the health, safety, and general welfare of the public; and to further accomplish the
objectives of § 15.2-2200 of the Code of Virginia. This Ordinance is designed to give reasonable
consideration to:
(1) Providing for adequate light, air, convenience of access and safety from fire, flood,
impounding structure failure, crime, and other dangers;
(2) Reducing or preventing congestion in the public streets;
(3) Facilitating the creation of a convenient, attractive, and harmonious community;
(4) Facilitating the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public requirements;
(5) Protecting against destruction of or encroachment upon historic areas and working
waterfront development areas;
(6) Protecting against one or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of light

Editor’s Note: Unless otherwise noted, all draft text is new and not included in the current Ordinance. Text has been
reviewed and updated to ensure full compliance with Code of Virginia provisions.
2
Editor’s Note: This Section updates and replaces Article 1, Section 1.
3
Editor’s Note: This Section incorporates Article 32, Section 2.
4
Editor’s Note: The Ordinance’s purpose (Article 2 of the current Ordinance) has been revised to better align with the full
intent of Zoning and Subdivision Ordinances per the Code of Virginia.
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and air, danger and congestion in travel and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic or other dangers;
(7) Encouraging economic development activities that provide desirable employment and
enlarge the tax base;
(8) Providing for the preservation and protection of the natural environment;
(9) Promoting the creation and preservation of affordable housing suitable for meeting the
current and future needs of the City as well as reasonable proportion of the current and
future needs of the planning district within which the City is located;
(10) Providing reasonable protection against encroachment upon military bases, military
instillations, and military airports and their adjacent safety areas, excluding armories
operated by the Virginia National Guard;
(11) Providing reasonable modifications in accordance with the Americans with Disabilities Act
of 1990 or state and federal fair housing laws, as applicable;
(12) Protecting surface water and ground water as defined in the Code of Virginia § 62.1-255;
(13) Establishing standards and procedures for the orderly division, subdivision and
resubdivision of lots, tracts and parcels of land for residential and commercial purposes
pursuant to the Code of Virginia § 15.2-2240 et. seq.;
(14) Ensuring proper legal description and proper documenting of subdivided land;
(15) Ensuring the purchasers of lots, tracts, and parcels of land purchase a commodity that is
suitable for the intended use; and
(16) Providing standards for development, ensuring appropriate ingress, egress, public
facilities, services, and utilities.

Section 1-1-4. Applicability.5
(A) Pursuant to the Code of Virginia § 15.2-2281, the provisions of this Ordinance shall apply to all
property within the incorporated territory of the City of Petersburg, Virginia.
(1) This requirement may be waived for any property held in fee simple ownership and use by
the United States of America, Commonwealth of Virginia, or the government of the City of
Petersburg.
(2) Upon transfer of ownership or control of any portion of government lands to private
interests, the regulations of the district in which the land is located shall automatically
apply.
(B) Pursuant to the Code of Virginia § 15.2-2284, the zoning regulations and districts as herein set
forth have been drawn and shall be applied with reasonable consideration for the existing use
and character of property, the comprehensive plan, the suitability of properties for various uses,
the trends of growth or change, the current and future requirements of the community as to land
for various purposes as determined by population and economic studies and other studies, the
5

Editor’s Note: Section 1-1-4 has been added to clarify the Ordinance’s jurisdictional and regulatory applicability.

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transportation requirements of the community, and the requirements for airports, housing,
schools, parks, playgrounds, recreation areas, and other public services; and the conservation
of natural resources, the preservation of floodplains, the protection of life and property from
impounding structure failures, the preservation of agriculture and forestal land, the
conservation of properties and their values, and the encouragement of the most appropriate
use of land throughout the City.

Section 1-1-5. Conformity with Ordinance Required.
(A) Except as otherwise provided in this Ordinance, all land, buildings, structures, and/or premises
within the City shall only be used, occupied, erected, constructed, moved, enlarged, and/or
altered in conformance with this Ordinance’s regulations.
(B) Land shall only be subdivided in conformance with:
(1) Article 10, Subdivision, of this Ordinance.
(2) Chapter 122, Article II, Chesapeake Bay Preservation Act (CBPA), of the Petersburg City
Code.

Section 1-1-6. Severability.
Should any Section or any provision of this Ordinance be decided by the courts to be
unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole,
or any part thereof, other than the part so held to be unconstitutional or invalid.

Division 2. Ordinance Conflicts and Interpretations.
Section 1-2-1. Interpretation.6, 7
(A) The Zoning Administrator shall interpret this Ordinance based upon the following criteria:
(1) Provisions shall be considered the minimum required to promote the public health, safety,
convenience, and general welfare;
(2) Unless otherwise specified, the standards of this Ordinance are the minimum required;
(3) When regulations of this Ordinance conflict with each other, other City Ordinances, or state
or federal law, the more restrictive regulation shall govern;
(4) This Ordinance does not abolish easements, covenants or other private agreements,
however, pursuant to the Code of Virginia § 15.2-2315, where this Ordinance’s
requirements vary with the requirements of any other lawfully adopted statute, regulation,
or ordinance, the most restrictive, or the higher standard, shall control to the extent
necessary to resolve the conflict;
(5) A building, structure, or use which was not legally existing on [effective date of revised
ordinance] shall not be made lawful solely by adoption of this Ordinance;

Editor’s Note: This Section revises and replaces Article 32, Section 1.
Editor’s Note: The date of the revised Ordinance adoption and any applicable effective dates will be inserted after formal
adoption. Such provisions with placeholder text will be highlighted in the draft Ordinance for temporary reference.
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(6) Where this Ordinance’s requirements are vague or unclear, the Zoning Administrator shall
be responsible for their interpretation; and,
(7) Conditions imposed or accepted as part of an approved Zoning Map Amendment
(Rezoning), Conditional Zoning (Rezoning with Proffers), Special Use Permit, Special
Exception, Variance, or Zoning Permit prior to [effective date of revised ordinance] shall
remain in effect.
(i)

However, as stated in the Code of Virginia § 15.2-2261.1, if there is a conflict between
conditions imposed through those land use decisions and this Ordinance, the
conditions shall apply. If there is no condition that addresses a specific use or
development standard of this Ordinance, this Ordinance’s requirements shall govern.

Section 1-2-2. Figures and References in Ordinance.8
(A) Tables included within this Ordinance are provided as integral components of the regulatory
framework and shall have the same force and effect as written text.
(1) In the event of a conflict between any figures or images and any text or tables in this
Ordinance, the text and/or tables shall control.
(B) If any section of this Ordinance incorporates by reference any state statute or regulation, then
the Ordinance incorporates future amendments of the state statute or regulation.

Division 3. Zoning Districts Map.
Section 1-3-1. Establishment, Maintenance, and Amendment.
(A) The official location and boundaries of the various primary zoning districts and special district(s)
are hereby established as shown on the official “City of Petersburg, Virginia, Zoning Map” for
convenience, to be referred to as the "Zoning Map."
(B) A certified copy of the Zoning Map shall be filed in the office of the Clerk of Circuit Court of
Petersburg, Virginia.
(C) The Zoning Map shall be available for examination and inspection by the public at all reasonable
times.
(D) The original of the Zoning Map shall be filed in the Zoning Administrator's office and such original
shall be updated as the result of the following City Council actions:
(1) Amendments to the Ordinance;
(2) Approval of a Rezoning (see Article 3, Division 2); or
(3) Approval of Conditional Zoning (see Article 3, Division 3).

Section 1-3-2. Incorporated by Reference.
The Zoning Map, together with all explanatory matter thereon, is hereby adopted by reference and
declared to be a part of this Ordinance.
8

Editor’s Note: Proposed as a new section.

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Section 1-3-3. Interpretation of Zoning District Boundaries.9
(A) The Zoning Map associated with this text and showing the division of the territory into districts
shall be interpreted with the following rules when uncertainty exists with respect to the
boundaries of any of the districts:
(1) Where district boundaries are fixed by dimensions or otherwise shown or described, there
shall be no uncertainty.
(2) When district boundaries are shown as roughly following or being perpendicular to the
centerlines of streets, highways, alleys, or railroad tracks, those centerlines or the lines
perpendicular to them shall be considered the actual boundaries.
(3) Where a district boundary is indicated to follow a river, creek, or branch or other body of
water, said boundary shall be construed to follow the centerline at low water or at the limit
of the jurisdiction, and in the event of change in shoreline, such boundary shall be
construed as moving with the actual shoreline.
(4) Where the district boundaries are not otherwise indicated, and where the property has
been or may hereafter be divided into blocks and lots, the district boundaries shall be
construed to be the lot lines; and where the districts designated on the map accompanying
and made a part of this Ordinance are bounded approximately by lot lines, said lot lines
shall be construed to be the boundary of such districts, unless said boundaries are
otherwise indicated on the map or by ordinance.10
(5) If distances or other dimensions are not specifically indicated and no blocks divided on the
Zoning Map, they will be determined by the scale of the map.
(6) If the specific location of a boundary cannot be determined from notations on the Zoning
Map or application of the above standards, it will be determined by using the map scale to
determine the boundary's distance from other features shown on the map.
(7) Any lot that has been annexed from adjacent jurisdictions shall be considered a lot of
record if no alteration has taken place since annexation.
(8) In case any territory is not definitely and clearly included within any one district, such
territory shall be deemed to be in the R-1 district until otherwise classified by amendment
in accordance with Article 3, Permits and Applications, of this Ordinance.11
(9) In any case in which there is uncertainty, contradiction, or conflict as to the location of any
zoning district boundary – due to scale, illegibility, lack of detail, physical or natural features
vary from those on the Zoning Map, or any other circumstances not covered by this section
– the Zoning Administrator will have the authority to interpret the district boundaries in
accordance with Section 2-1-1 of this Ordinance.

Editor’s Note: This Section revises Article 4, Section 4.
Editor’s Note: This provision has been retained from Article 4, Section 4(2)(d).
11
Editor’s Note: This provision has been retained from Article 32, Section 1. Recommend revisiting this provision after zoning
district standards are updated to confirm if R-1 continues to be the most appropriate district for this circumstance.
9

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(10) The Zoning Administrator’s interpretations may be appealed to the BZA in accordance with
Article 3 of this Ordinance. The BZA will not have the power to change substantially the
locations of district boundaries.

Section 1-3-4. Unauthorized Changes.
No changes of any nature shall be made on the Zoning Map except in conformity with the
procedures and requirements of this Ordinance. It shall be unlawful for any person to make
unauthorized changes on the Zoning Map.

Division 4. Transition of Regulations After Adoption.
Section 1-4-1. Effective Date of Ordinance.12
This Ordinance was adopted on [date of adoption of revised ordinance]. This Ordinance shall
become effective on [date of adoption of revised ordinance] and repeals and replaces any prior
Zoning and Subdivision Ordinances in the City of Petersburg. Its provisions shall be in force until
repealed or amended.

Section 1-4-2. Violations Continue.
Any development or activity in violation of the previous Zoning Ordinance will continue to be a
violation under this Ordinance unless the development or activity complies with the express terms
of this Ordinance.

Section 1-4-3. Nonconformities.
If any use, structure, lot, sign, or site feature legally existed immediately prior to [effective date of
revised ordinance] but does not fully comply with the standards of this Ordinance or any
amendment thereto, the use, structure, lot, sign, or site feature is considered nonconforming under
this Ordinance and must comply with the requirements in Article 9, Nonconformities, of this
Ordinance.

Section 1-4-4. Complete Applications.13
(A) This Section pertains to applications for the following:
(1) Zoning Text and Map Amendments (Rezoning);
(2) Conditional Zoning (Rezoning with Proffers);
(3) Special Use Permits;
(4) Site Plans;
(5) Variances;
(6) Zoning Permits;
(7) Certificates of Appropriateness; and

Editor’s Note: This Section revises and replaces Article 34.
Editor’s Note: The current Ordinance does not address Complete Applications, but this topic is required for inclusion per
the Code of Virginia.
12
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(8) Plats.
(B) Applications and/or plats deemed by the Zoning Administrator to be complete (i.e., all required
items received and all comments resolved) prior to [effective date of revised ordinance], but still
pending final action as of that date, will be processed in accordance with the regulations in
effect when the submittal was received.
(1) Application submittals that were received and commenced review but have not resolved
all comments prior to [effective date of revised ordinance] will not be accepted as
complete.
(C) An applicant with a pending application and/or plat accepted and deemed complete prior to
[effective date of revised ordinance], may opt to have the proposed development reviewed and
decided under the standards of this Ordinance by withdrawing the pending submittal and
submitting a new application and/or plat in accordance with the procedures and standards of
this Ordinance.
(D) To the extent such a complete application and/or plat is approved and proposes development
that does not comply with this Ordinance, the subsequent development, although permitted,
will be nonconforming and subject to the requirements of Article 9, Nonconformities, of this
Ordinance.

Section 1-4-5. Other Approved Permits and Development Approvals.
(A) Any other zoning permits or development approvals granted prior to [effective date of revised
ordinance], will remain valid until their expiration date.
(B) Developments with valid permits or development approvals granted prior to [effective date of
revised ordinance], may be carried out in accordance with the terms and conditions of their
approval and the development standards in effect at the time of approval, provided the permit
or development approval is valid and has not expired.
(1) If the prior approval expires or is revoked, any subsequent development or use of the site
will be subject to the procedures and standards of this Ordinance.
(C) To the extent a prior-approved permit or development approval that does not comply with this
Ordinance, the subsequent development or use, although permitted, will be nonconforming
and subject to the requirements of Article 9, Nonconformities, of this Ordinance.

Section 1-4-6. Vested Rights.14
(A) The provisions of this Ordinance shall not impair a vested right of a property owner. The Zoning
Administrator shall be authorized to make determinations on whether a property owner’s rights
are deemed vested in a land use. The Subdivision Agent shall be authorized to make
determinations on whether a property owner’s rights are deemed vested in a division. Vested
rights determinations shall be made in accordance with the Code of Virginia § 15.2-2307.

Editor’s Note: The current Ordinance does not address vested rights, but this topic is required for inclusion per the Code of
Virginia.
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(B) Nothing contained herein will require any change in the plans or construction of any building or
structure for which a building permit was granted prior to [effective date of revised ordinance].

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ARTICLE 2. Administration.
Division 1. Zoning Administrator and Subdivision Agent.
Section 2-1-1. Appointment; Powers; and Duties.
(A) Zoning Administrator. 1
(1) The Zoning Administrator shall have all authority empowered by Code of Virginia § 15.22286(A)(4) to administer, interpret, and enforce the Zoning Map and this Ordinance, with the
exception of Article 10, Subdivision. The Zoning Administrator shall exercise their authority
at the pleasure of the Director of Planning and Community Development and City Council.
(2) The Administrator may designate a Deputy Zoning Administrator or other designee(s) to
assist in these duties.
(3) The Zoning Administrator may also hold another position in the City.
(4) The Zoning Administrator may establish reasonable administrative procedures necessary
for the administration of this Ordinance.
(5) No specific authority expressly granted to the Zoning Administrator in other sections of this
Ordinance limits the authority of the Zoning Administrator to administer and enforce those
sections where specific authority is not expressed.
(6) In addition to the authority granted under Code of Virginia § 15.2-2286(A)(4), the City
Manager may direct the Zoning Administrator to be appointed as a Special Conservator of
the Peace by the Circuit Court or General District Court, pursuant to Code of Virginia § 19.213, subject to the scope, limitations, and conditions set forth in the court’s order of
appointment.2
(B) Subdivision Agent.3
(1) A Subdivision Agent shall be appointed by the City to administer and enforce Article 10,
Subdivision. Unless otherwise acted upon by the City Manager, the Director of Planning and
Community Development, or his or her designee, shall serve as the Subdivision Agent.
(i) The Zoning Administrator may also be appointed as the Subdivision Agent.
(2) The Subdivision Agent shall have such duties as are conferred by this Ordinance, including:
(i) Accept and process applications, including reviewing and certifying plats, for
conformance with this Ordinance;

Editor’s Note: Provisions establishing the Zoning Administrator’s appointment, powers, and duties update and replace
Article 33, Section 1 of the current Ordinance.
2
Editor’s Note: Provision added per City Attorney’s direction.
3
Editor’s Note: Provisions establishing the Subdivision Agent’s appointment, powers, and duties have been introduced.
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(ii) Forward plats for review, comment, and approval to the appropriate departments,
boards, and state agencies;
(iii) Keep records of all applications; appeals; and submissions and subsequent actions;
and
(iv) Conduct inspections of subdivision improvements for compliance with the approved
subdivision and construction plans.

Division 2. Planning Commission. 4
Section 2-2-1. Appointment; Membership; Terms; Compensation; Removal. 5
(A) Pursuant to the Code of Virginia § 15.2-2210, et seq., a Planning Commission shall be created
and organized as follows:
(1) The Planning Commission shall consist of 9 voting members appointed by the City Council.
(2) All members shall be residents of the City of Petersburg, with at least half of such members
being owners of real property.
(i) All members shall be qualified by knowledge and experience to make decisions on
questions of community growth and development.
(3) One member shall be appointed from each ward, and two members shall be appointed atlarge, for staggered terms of 4 years.
(i) The terms of voting members shall expire on September 30.
(ii) Two additional members, who are members of the administrative branch of the City,
may be appointed to the Planning Commission by the City Council to serve ex officio
without vote. These members shall perform such administrative duties as the
commission may prescribe. The term of these members shall be coextensive with the
terms of office to which they have been appointed, unless the City Council, at its first
regular meeting of the year, appoints another to serve as its representative.
(iii) All members of the Planning Commission on the effective date of this Ordinance may
continue as members until completion of their current terms, in accordance with Code
of Virginia § 15.2-2203.
(4) The City Council may provide for compensation to Planning Commission members for their
services, reimbursement for actual expenses incurred, or both, in accordance with Code of
Virginia § 15.2-2212.

Editor’s Note: This Division is intended to revise and replace Chapter 82, Planning, of the City Code. Tentatively, Chapter 82
is to be repealed as it exists currently. It is further noted that where certain provisions are detailed in the Planning
Commission’s bylaws, they will not be restated in this Ordinance update to avoid redundancy and conflicts. After adoption of
the fully revised Ordinance, the bylaws should be updated to reflect any new Ordinance and/or state code references.
5
Editor’s Note: This Section corresponds to Section 82-32 of the City Code; provisions are materially the same as the existing
language, with minor revisions for organization and clarity.
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(5) Any member may be removed for malfeasance or absenteeism.6

Section 2-2-2. Powers and Duties.7
The Planning Commission performs the duties as provided in this Ordinance and pursuant to the
Code of Virginia §§ 15.2-2221, 15.2-2223 through 15.2-2232, and 15.2-2285.

Section 2-2-3. Meetings and Procedures.8
(A) The Planning Commission shall conduct meetings and public hearings pursuant to the Code of
Virginia §§ 15.2-2214 through 15.2-2217.
(B) The Planning Commission may adopt bylaws for its operations and procedures.

Section 2-2-4. Expenditures, Gifts, and Donations.
Expenditures, gifts, and donations shall be in accordance with Code of Virginia § 15.2-2222.

Division 3. Board of Zoning Appeals.
Section 2-3-1. Appointment; Membership; Terms; Compensation; Removal.9
(A) Pursuant to the Code of Virginia § 15.2-2308, et seq., a Board of Zoning Appeals (BZA) shall be
created and organized as follows:
(1) The BZA shall consist of 5 members, who are residents of the City of Petersburg, appointed
by the Circuit Court.
(2) The term of office shall be for 5 years.
(i) The terms of individual members shall be staggered such that the term of one member
expires each year.
(ii) The secretary of the BZA shall notify the Clerk of Circuit Court at least 30 days in
advance of the expiration of a term of office, or promptly if a vacancy occurs. A member
whose term expires shall continue to serve until the successor is appointed and
qualifies.
(iii) All members of the BZA on the effective date of this Ordinance may continue as
members until completion of their current terms, in accordance with Code of Virginia §
15.2-2203.

Editor’s Note: Recommend updating the Planning Commission’s bylaws to include provisions for removal due to
malfeasance or absenteeism. For example, removal may occur after missing a certain number of meetings consecutively or
annually.
7
Editor’s Note: This Section corresponds to Section 82-33 of the City Code; language has been updated with current state
code references and clarification for review of plats. Additional powers and duties of the Planning Commission bylaws.
8
Editor’s Note: Specific meeting procedures are located in the Petersburg Planning Commission Bylaws, Rules, and
Procedures, adopted 2014.
9
Editor’s Note: This Section is materially the same as Article 27, Section 1 of the current Ordinance, with minor revisions for
organization, clarity, and readability.
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(3) Members of the BZA may be reappointed to succeed themselves but shall not hold other
public office in the City of Petersburg.
(4) Members of the BZA may receive such compensation or reimbursement as authorized by
the City Council. Within the limits of funds appropriated by the City Council, the BZA may
employ or contract for secretaries, clerks, legal counsel, consultants, and other technical
and clerical services.
(5) The City Council may provide for compensation to BZA members for their services,
reimbursement for actual expenses incurred, or both, in accordance with Code of Virginia §
15.2-2308.
(6) Any BZA member or alternate may be removed for malfeasance, misfeasance, or
nonfeasance in office, or for other just cause, by the court which appointed them, after a
hearing held after at least 15 days' notice.

Section 2-3-2. Powers and Duties. 10
(A) Pursuant to the Code of Virginia § 15.2-2309, the BZA shall have the following powers and duties
after required notice and hearing as provided in the Code of Virginia § 15.2-2204:
(1) Appeals. To hear and decide appeals from any order, requirement, decision, or
determination made by an administrative officer in the administration or enforcement of this
Ordinance as outlined in Article 3, Division 12, of this Ordinance.
(2) Variance. To authorize upon appeal or original application a variance, as defined in the Code
of Virginia § 15.2-2201, from the terms of this Ordinance. Standards and procedures for
determining variances are outlined in Article 3, Division 5, of this Ordinance.
(3) Boundary Interpretations. To hear and decide applications for interpretation of the district
map where there is any uncertainty as to the location of a district boundary, only if:
(i) The Zoning Administrator is unable to interpret boundaries, as provided in Article 1,
Division 3, of this Ordinance; or
(ii) If an applicant appeals the Zoning Administrator’s interpretation.
(iii) After notice to the owners of the property affected by any such question, and after public
hearing with notice as required by the Code of Virginia § 15.2-2204, the BZA may
interpret the map in such way as to carry out the intent and purpose of this Ordinance
for the particular section or district in question.
(B) The provisions of this Section shall not be construed as granting the BZA the power to rezone
property, substantially change the locations of district boundaries as established by this
Ordinance, or to base decisions on the merits of the purpose and intent of local ordinances duly
adopted by the City Council.

Editor’s Note: This Section incorporates applicable portions of Article 27, Section 4 of the current Ordinance; provisions
regarding variance criteria has been relocated to Article 3, Division 5.
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Section 2-3-3. Meetings and Procedures.
(A) The BZA shall conduct meetings and public hearings pursuant to the Code of Virginia §§ 15.22308 through 15.2-2314.
(B) The BZA may adopt bylaws for its operations and procedures.

Division 4. Architectural Review Board. 11
Section 2-4-1. Appointment; Terms; Membership; Compensation.
(A) Pursuant to the Code of Virginia § 15.2-2306, et seq., an Architectural Review Board (ARB) shall
be created and organized as follows:
(1) The ARB shall consist of 7 voting members appointed by the City Council.
(2) At least 1 member shall be a credentialed architect and at least 2 members shall have
professional training or equivalent experience in architecture, history, architectural history,
archeology, or planning.
(3) All members shall be residents or business owners in the City of Petersburg, with the
exception that 1 credentialed architect member does not need to reside or own a business
in the City.
(4) The term of office shall be for 3 years.12
(B) The terms of individual members shall be staggered such that at least 2 members and not more
than 3 members expire each year.
(C) When a term expires, a member may be reappointed or a new member appointed to begin a new
term.
(D) Vacancies shall be filled within 60 days of its occurrence.
(E) If a vacancy occurs prior to term expiration, the vacancy shall be filled for the unexpired portion
of the term.

Section 2-4-2. Powers and Duties. 13
(A) The ARB shall:
(1) Review and approve Certificates of Appropriateness in accordance with Article 3, Division
10, of this Ordinance.

Editor’s Note: This Division corresponds to Article 35, Sections 4 and 5. It is further noted that where certain provisions are
detailed in the ARB’s bylaws, they will not be restated in this Ordinance update to avoid redundancy and conflicts. After
adoption of the fully revised Ordinance, the bylaws should be updated to reflect any new Ordinance and/or state code
references.
12
Editor’s Note: Term and vacancy provisions are materially the same as Article 35, Section 5, but have been revised for
clarity and to ensure the existing staggered term pattern is maintained.
13
Editor’s Note: Additional details regarding powers and duties are provided in the ARB’s bylaws.
11

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(2) Certify historically and architecturally significant buildings within the City of Petersburg as
"Petersburg historic buildings" and issue official plaques to owners of such buildings.
(3) Possess other duties as provided in the Code of Virginia § 15.2-2306.
(B) The ARB may adopt bylaws for its operations and procedures.

Division 5. Enforcement.
Section 2-5-1. Authority. 14
(A) As provided in Article 1, In General, of this Ordinance, conformity with the Ordinance is required.
Failure to comply with the requirements of the Ordinance constitutes a violation thereof and is
declared to be unlawful.
(B) As authorized by the Code of Virginia § 15.2-2286(A)(4), the Zoning Administrator or Deputy shall
be responsible for enforcing the provisions of this Ordinance.
(C) Any person who knowingly makes any false statements, representations or certifications in any
record, report, or other document, either filed or requested pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required or used by the Zoning Administrator or Deputy under this Ordinance in monitoring
discharges, shall be guilty or liable of this Ordinance.

Section 2-5-2. Complaints.
Any person who alleges that violation of the Ordinance has occurred may file a complaint with the
Zoning Administrator or Deputy. Such complaint shall stipulate the cause and basis thereof and the
location of the alleged violation. The Zoning Administrator or Deputy, at their sole discretion, shall
properly record the complaint, investigate the facts thereof, and take action thereon as provided by
the Ordinance.

Section 2-5-3. Notice of Violation.
(A) If the Zoning Administrator determines that a violation of this Ordinance exists, a notice of
violation or ticket may be issued to anyone committing and/or permitting the violation, the
property owner, or any of the above.
(B) The notice of violation or ticket will state the violation, remedy, and right to appeal, consistent
with Code of Virginia § 15.2-2311.

Section 2-5-4. Remedies and Penalties for Violation. 15
(A) General.

Editor’s Note: This Section corresponds to and updates Article 33, Sections 1 and 2.
Editor’s Note: New provisions for civil penalties have been incorporated, in addition to existing criminal penalties for zoning
violations. Civil penalties are optional under the Code of Virginia, but are recommended for inclusion in the Ordinance as a
best practice to streamline administration. Civil penalties give staff the ability to issue fines for zoning violations rather than
solely relying on criminal convictions.
14
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(1) The Zoning Administrator may initiate appropriate action, as provided in applicable law.
(2) Remedies provided in this Division are cumulative unless expressly stated otherwise and
may be in addition to any other remedies authorized by applicable law.
(B) Civil Penalties.16 Any person, whether the owner, lessee, principal, agent, employee or
otherwise, who violates any provision of this Ordinance or permits either by granting permission
to another to engage in the violating act or by not prohibiting the violating act after being
informed by the Zoning Administrator that the act violates this Ordinance will be subject to civil
penalties as provided in Code of Virginia § 15.2-2209 and subject to the following:
(1) Procedure. Civil penalties for violations of this Ordinance may be initiated either by filing a
civil summons in the general district court or by the Zoning Administrator issuing a ticket.
(2) Civil Summons or Ticket. A civil summons or ticket must contain the name and address of
the person charged, the violation, and methods of resolution.
(3) Failure to enter waiver. If a person charged with a violation does not enter a waiver of trial
and admit liability, the violation will be tried in the general district court as provided by law.
A finding of liability is not deemed a criminal conviction for any purpose.
(4) Penalties.
(i)

Amount of Civil Penalty. A civil violation is subject to a civil penalty not to exceed $200
for the initial summons, and a civil penalty not to exceed $500 for each additional
summons arising from the same set of operative facts.

(ii) Daily Offense. Each day during which a violation exists will constitute a separate
violation. However, in no event will a violation arising from the same set of operative
facts be charged more frequently than once in any 10-day period.
(iii) Maximum Aggregate Penalty. The total civil penalties from a series of violations arising
from the same set of operative facts must not exceed $5,000. If the violations exceed
the $5,000 limit, the violation may be prosecuted as a criminal misdemeanor as
outlined in (C), below.
(C) Criminal Penalties. 17
(1) Pursuant to Code of Virginia § 15.2-2286(A)(5), any violation of this Ordinance may be
prosecuted as a misdemeanor, independently of or in addition to the civil penalties
authorized under (B), above.
(2) Except for the subdivision regulations provided in Article 10, Subdivision, of this Ordinance,
any violation of the requirements of this Ordinance resulting in injury to a person or persons
prosecuted as a misdemeanor, and upon conviction thereof, shall be punishable by a fine
of not less than $10 and not more than $1,000.

Editor’s Note: State code establishes the maximum civil penalty fine amounts. Recommend adopting a separate schedule
of civil fines that are within the permissible maximums to better clarify the exact penalty for certain violations.
17
Editor’s Note: Provisions regarding criminal penalties revises Article 33, Section 3 of the current Ordinance.
16

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(3) If the violation is uncorrected at the time of conviction, the court shall order the violator to
abate or remedy the violation in compliance with this Ordinance, within a time period
established by the court. Failure to remove or abate such violation within the time period
established by the court shall constitute a separate misdemeanor offense punishable by a
fine of not less than $10 nor more than $1,000, and any such failure during any succeeding
ten-day period shall constitute a separate misdemeanor offense for each ten-day period,
punishable by a fine of not less than $100 nor more than $1,500.
(4) Criminal penalties for violations of provisions regulating unrelated persons in single-family
residential dwellings must be accordance with Code of Virginia § 15.2-2286(A)(5).
(D) Historic Building or District Violations.18
(1) Pursuant to Code of Virginia § 15.2-2306, the demolishing, razing, or relocating of any
historic building or landmark designated by City Council or a building or landmark within
the Historic Overlay District without prior approval in accordance with Article 3, Division
10, of this Ordinance shall be subject to civil penalties.
(i)

Such penalty amount shall not exceed twice the market value of the razed,
demolished, or moved building or structure on the property as determined by the
assessed value of the property at the time of the razing, demolition, or moving of the
building or structure.19

(2) Notification procedures for historic building or district violations shall be the same as those
provided in Section 2-5-4(B)(1) and (2), above.
(3) The City Attorney shall enforce these provisions by filing a case in Circuit Court in the name
of the City of Petersburg. Such action shall be brought against the party or parties deemed
responsible for such violation.
(4) The remedies provided for herein are not exclusive and shall be in addition to any other
remedies provided by law.

Division 6. Fees.
Section 2-6-1. Fees and Charges. 20
(A) The City Council shall establish, by ordinance, a unified schedule of fees, charges and expenses,
and collection procedures for zoning permits, special use permits, variances, appeals,
amendments, site plan reviews, and other matters pertaining to this Ordinance.
(B) The following fees shall be charged and collected at the time of application:

Editor’s Note: Civil penalties specific to historic building or historic district violations have been added separately;
provisions derive from Code of Virginia § 15.2-2306 rather than § 15.2-2209.
19
Editor’s Note: If desired, the City can set the maximum civil penalty for this type of violation to equate the market value;
twice the market value is the cap set under this section of state code.
20
Editor’s Note: Fees are retained from Article 31. New fees for preliminary and final plats, ARB appeals, and sign reface
permits have been added.
18

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Table 2-1. Fee Schedule
APPLICATION/PERMIT TYPE

FEE

Appeal of ARB Ruling
Appeal of Zoning Administrator
Certificate of Appropriateness
(required prior to starting work in historic district)
Certificate of Appropriateness
(if work commences in historic district before
obtaining COA)
Home Occupation Permit
Final Plat for Major Subdivision
Final Plat for Minor Subdivision
(includes BLA and Lot Consolidations)
Plan Amendments
Preliminary Plat
Rezoning
Sign Permit, Temporary
Sign Permit, Permanent
Sign Permit, Reface

$250
$500

Site Plan
Site Plan Re-Review
Special Use Permit
Substantial Accord Review per
Code of Virginia § 15.2-2232
Variance
Zoning Permit
Zoning Confirmation Letter
Zoning Confirmation Letter, Expedited
Zoning Confirmation Letter, DMV
Zoning Ordinance Amendment

$0
$250
$50
$150 plus $10 per lot exclusive of original parcel
$150
$1,500
$250 plus $10 per lot exclusive of original parcel
$1,500
$75
$150
$50
$800 + $50 for each acre, or fraction of an acre,
of land disturbance beyond the first acre
$250
$1,500
$500 if public hearing is required
$500
$50
$100
$500
$100
$1,500

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ARTICLE 3. Permits and Applications
Division 1. In General.
Section 3-1-1. Preapplication Meeting. 1
Prior to the submittal of an application for a Special Use Permit, Zoning Map Amendment (rezoning),
Conditional Zoning (rezoning with proffered conditions), Preliminary Plat, or Site Plan, a
preapplication meeting shall be held between the applicant and the Zoning Administrator, unless
otherwise waived by the Planning Director or designee. During this meeting, the applicant may
submit Concept Plans or other supporting documentation for preliminary review, comment, and
recommendation by the Zoning Administrator or other City staff and department heads.

Section 3-1-2. Application Forms. 2
Applications for Concept Plans, Site Plans, Variances, Special Use Permits, Zoning Permits,
Temporary Use Permits, Certificates of Appropriateness, Zoning Determinations, amendments to
the Ordinance or Official Zoning Map, and any other request requiring action shall be made on forms
provided by the City.

Section 3-1-3. Application Fees, Delinquent Taxes and Charges.3
(A) Pursuant to the Code of Virginia § 15.2-2286(B), prior to the initiation of an application or appeal,
the applicant shall provide evidence that any delinquent real estate taxes, nuisance charges,
stormwater management utility fees, and other charges that are owed to the locality and have
been properly assessed against the subject property(ies) included the application have been
paid in full, unless otherwise authorized by the City Treasurer.
(B) All required application fees shall be paid at the time the application is submitted.
(C) When specialized expertise is needed or staff capacity is limited, the Zoning Administrator may
require a qualified third-party review of an application. The reviewer shall be selected by the City,
and the applicant shall bear the full cost. The application shall not proceed until the applicant
has paid any required fee or deposit. Third-party findings will inform, but not determine, the final
decision by the locality.

Section 3-1-4. Ownership Disclosure.
An applicant shall disclose all equitable ownership of the real estate included in an application. In
the case of corporate ownership, the name of stockholders, officers, and directors shall be

Editor’s Note: The City currently encourages voluntary meetings with various City departments prior to submission of plats,
site plans, and building permits. Berkley Group recommends codifying this in the Zoning Ordinance as a requirement for
SUPs, rezonings, conditional zonings, preliminary plats, and site plans as a best practice for maintaining open
communication between the City and development community and addressing any major issues with a proposal up front.
2
Editor’s Note: Proposed new section to require standardization of application procedures.
3
Editor’s Note: This Section retains the provisions of Article 31, Section 3(2) and (3) regarding payment of all associated taxes
and fees prior to application submittal, with minor revisions for clarity.
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provided, and in any case the names and addresses of all real parties of interest in accordance with
the Code of Virginia § 15.2-2289.

Section 3-1-5. Minimum Submission Standards.4
(A) The Zoning Administrator shall establish minimum submission standards for submission
requirements of all applications associated with the Zoning and Subdivision Ordinance.
Applications shall contain all information required to meet the minimum standards.
(B) Upon written request by an applicant, the Zoning Administrator may waive or modify a
submission requirement(s) upon a determination that the information is not necessary to
evaluate the merits of the application. Such waivers or modifications are for application
requirements only and do not include variances or modifications from district or use standards.
(C) Additional information may be required as deemed reasonably necessary by the Zoning
Administrator.
(D) The Zoning Administrator may request electronic submission of applications and supporting
documents in addition to, or in lieu of, physical submission of applications as outlined in this
Article.
(E) Concept Plan.
(1) When required by this Article, a Concept Plan shall be submitted. The Concept Plan may
be general and schematic, and shall show:
(i)

A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, and subdivisions, with reference to a recorded subdivision plat or the
City’s tax map.

(ii) The names and addresses, as shown on the current real estate tax assessment books,
of adjacent property owners or owners located directly across the road/street.
(iii) Proposed land uses to be developed within each land bay or tract within the
development.
(iv) The general layout, orientation, and information describing buildings and
improvements, including but not limited to parking, landscaping, fencing, signs, trash
enclosures, height, setbacks, and restriction lines.
(v) If any, the approximate total number, density, and type of dwelling units and the range
of lot sizes for the various dwelling types.
(vi) If any, the general location of proposed open space and recreational areas.
(vii) If any, the general location and type of commercial uses to be developed.
(viii) The general location and character of the proposed roads, pedestrian circulation,
trails, public utility, and storm drainage systems.

Editor’s Note: Proposed new section to clarify minimum submission standards and the authority of the Zoning Administrator
to waive requirements or require additional information above and beyond minimum standards.
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(ix) A statement on the proposed development schedule.
(x) A written analysis of the public facilities, roadway improvements, and public utilities
that will be required to serve the development.
(xi) A summary and report covering soil conditions, drainage, topography, location and
character of surface water, location and extent of any dam break inundation zones,
and other such information as may be required to determine if the site is suitable for
development without hazards to occupants or adjoining properties;5
(xii) A written description of the nature and extent of the amendment desired and an
explanation of the reasons for seeking a change.
(xiii) Any additional information as deemed reasonably necessary by the Zoning
Administrator, including but not limited to an environmental site assessment (ESA).
(2) The Planning Director or designee may require a Site Plan in accordance with Division 6 of
this Article in lieu of a Concept Plan for applications deemed overly complex. Examples
may include but are not limited to:
(i)

Project size exceeding 50 acres;

(ii) Extension of utilities;
(iii) Creation or extension of streets;
(iv) Environmental constraints or hazards; or
(v) Trip generation exceeding 100 peak hour trips.

Section 3-1-6. Application Review and Action.
(A) Staff Review. Complete applications will be reviewed by staff and external agencies as needed,
with comments provided to the applicant regarding necessary modifications for resubmittal, if
applicable.
(B) Review and Action by Council, Commission, and Boards. City staff will schedule the application
for review and action by the City Council, Planning Commission, BZA, or the ARB, as applicable.
(C) Administrative Decisions. For applications requiring administrative review only, the Zoning
Administrator will notify the applicant of approval or denial of the application, including the
procedures for appealing the decision as provided in Division 12 of this Article.
(D) Electronic Communications. Except as otherwise provided by state law, electronic
communications to the applicant, using the contact information provided in the application,
will suffice as official notice.

Editor’s Note: This requirement is included in Article 26, Section 4(2) of the current Ordinance; as a best practice, it is
proposed to apply as a general requirement for all rezonings, not just PUD.
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Section 3-1-7. Reconsiderations. 6
(A) The following shall apply to all Zoning Text and Map Amendment, Conditional Zoning, Special
Use Permit, Variance, and Certificate of Appropriateness applications:
(1) If denied by the City Council, ARB, or BZA, then such application, or one substantially
similar as determined by the City Council, ARB, or BZA, will not be reconsidered sooner
than 12 months after the previous denial.
(2) If withdrawn by the applicant, such application, or one substantially the same, will not be
reconsidered within 6 months from the date the original application has been withdrawn.
(B) The limits on reconsideration will not impair the right of either the Planning Commission or the
City Council to propose any amendment to this Ordinance on their motion at any time.

Division 2. Zoning Text and Map Amendments (Rezoning).7
Section 3-2-1. In General.
Pursuant to the Code of Virginia § 15.2-2286(A)(7), whenever public necessity, convenience, general
welfare, or good zoning practice requires, City Council may, from time to time, amend, supplement,
or change by Ordinance the boundaries of the districts or the regulations established in this
Ordinance.

Section 3-2-2. Standards and Procedures.
(A) Initiation of Change.8 Pursuant to the Code of Virginia § 15.2-2286(A)(7), any amendment to the
text of this Ordinance or the Zoning Map may be initiated by:
(1) Resolution of City Council; or
(2) Resolution or motion of the Planning Commission; or
(3) For Zoning Map amendments only, the application of the owner, contract purchaser with
the owner’s written consent, or the owner’s agent therefor, addressed the Planning
Commission, who shall forward such application to City Council.
(B) Zoning Map Amendments (Rezonings). Applications for Zoning Map amendments, including all
Conditional Zoning requests, shall be filed with the Zoning Administrator and accompanied by
one original paper copy and one digital PDF copy of a Concept Plan in accordance with Section
3-1-5(E).9
Editor’s Note: Propose applying reconsiderations universally to all stated applications for consistency and clarity.
Editor’s Note: Beyond addressing the process for initiating zoning map and text amendments and associated public noticing
requirements, the current Zoning Ordinance does not provide standards and procedures for the rezoning or text amendment
process. All language included in this Division is therefore proposed as a new addition and has been reviewed to include the
most up-to-date requirements from relevant sections of the Code of Virginia.
8
Editor’s Note: This provision is included in Article 28, Section 1 of the current Ordinance, but has been updated for clarity
and to include direct reference to the corresponding state code section.
9
Editor’s Note: The method of application submittal/delivery can be amended as needed to reflect what is occurring in
practice.
6
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(C) Standard for Review. Complete applications shall be reviewed in accordance with Section 3-16 of this Article.
(1) Public Hearings and Notification. Public hearings and notification shall be in accordance
with Division 13 of this Article.
(2) Planning Commission and City Council Review. The Planning Commission and City
Council shall review the application in accordance with Code of Virginia § 15.2-2285.
(i)

If the Planning Commission fails to report within 100 days after its first meeting on a
proposed amendment, or within a shorter time set by the governing body, it shall be
deemed approved unless the applicant withdraws the proposal before the deadline.

(ii) All motions, resolutions, or applications for amendment to the Zoning Ordinance
and/or Zoning Map shall be acted upon, and a decision made within twelve (12)
months unless the applicant requests or consents to an extension or unless the
applicant withdraws the original motion, resolution, or application. Otherwise, the
amendment shall be deemed approved.
(iii) In the event of and upon a withdrawal, processing of the motion, resolution, or
application shall cease without further action as otherwise would be required.
(D) Record of Map Amendment. The Zoning Administrator shall update the Zoning Map as needed
to ensure all zoning data is both accurate and current. Accordingly, all changes affecting the
Zoning Map that are approved by the City Council shall be entered onto the official Zoning Map
within sixty (60) days following the approval of such changes. The updated Zoning Map shall be
made available for public viewing and administration.

Division 3. Conditional Zoning (Rezoning with Proffers).10
Section 3-3-1. Purpose and Intent.11
Conditional zoning provides a method for permitting the reasonable and orderly development of
land through zoning map amendment with reasonable conditions governing the use and
development of such property. As authorized under the Code of Virginia §§ 15.2-2296 through 15.22303, reasonable conditions may be voluntarily proffered for the protection of the community when
combined with existing Zoning Ordinance district regulations. The exercise of authority will not be
construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance
adopted by the locality which would be valid without regard to this division. In addition, the
provisions of this Article must not be used for the purpose of discrimination in housing.

Editor’s Note: It is worth noting that the City can accept cash proffers if a Capital Improvement Plan (CIP) is developed and
adopted. This Division can be amended/updated as needed if adoption of a formal CIP happens during this update process.
11
Editor’s Note: This provision is included in Article 26A, Section 1 of the current Ordinance, but the language has been
edited for clarity and to align with the most recent regulations of the Code of Virginia.
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Section 3-3-2. Standards and Procedures. 12
(A) Proffer of Conditions; Standards of Consideration.
(1) Any owner of property or their agent making an application for a Zoning Map Amendment
(Rezoning) may, as part of the application outlined in Division 2 of this Article, voluntarily
proffer in writing reasonable conditions which shall apply to the subject property in addition
to the regulations provided by the zoning district sought in the rezoning application. Any
such proffered conditions must:
(i)

Be made prior to any public hearing before City Council (including joint public
hearings with the Planning Commission); and

(ii) Be in accordance with the procedures and standards contained in Code of Virginia §
15.2-2297.
(2) Proffered conditions shall be subject to the following limitations:
(i)

The rezoning itself shall give rise to the need for the conditions;

(ii) The conditions shall have a reasonable relation to the rezoning;
(iii) The conditions shall not include a cash contribution or dedication of real property to
the City;
(iv) The conditions shall conform to the City of Petersburg Comprehensive Plan;13
(v) The conditions shall not include payment for, or construction of, off-site
improvements except those provided for in the Code of Virginia §§ 15.2-2241 and 15.22303.4;
(vi) The conditions shall not include a requirement that the applicant create a property
owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.)
that includes an express further condition that members of a property owners’
association pay an assessment for the maintenance of public facilities owned in fee
by a public entity, including open space, parks, schools, fire departments and other
public facilities not otherwise provided for in the Code of Virginia § 15.2-2241;
however, such facilities must not include sidewalks, special street signs or markers,
or special street lighting in public rights-of-way not maintained by the Department of
Transportation; and
(vii) The conditions shall relate to the physical development or physical operation of the
property.
(3) At the time each proffer is submitted to the City, it shall be accompanied by a statement
signed by the applicant and the owner or their agents which states:

Editor’s Note: Language in this Section is included in Article 26A, Section 2 of the current Ordinance. New text has been
added to clarify that proffers must be made prior to public hearings and must be in accordance with pertinent Code of
Virginia regulations.
13
Editor’s Note: Added requirement to ensure proffers conform to the Comprehensive Plan.
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(i)

“The Owner hereby voluntarily proffers the conditions listed herein which shall be
applied to the above-referenced property owned by
, provided that
the City of Petersburg City Council accepts these proffers and approves the rezoning
of the land to the
district.”

(ii) “The undersigned Owner hereby proffers that the use and development of the Property
shall be in conformance with the proffers and conditions herein above. This document
shall supersede all other agreements, proffers or conditions that may be found to be
in conflict. The Owner agrees that all proffers shall be binding to the property, which
means the proffers shall be transferred to all future property successors of the land.”
(4) Each application for rezoning which proposes proffered conditions to be applied to the
property shall be accompanied by the following items beyond those required by
conventional rezoning requests:14
(i)

A narrative demonstrating justification of proposed proffers.

(ii) A statement describing the nature of the proposed development and explaining the
relationship of the development to the Comprehensive Plan.
(iii) A statement setting forth a maximum number of dwelling units or lots proposed,
including density and open space calculations where applicable to any residential
development, or a statement describing the types of uses proposed and the
approximate square footage for each nonresidential development.
(iv) A statement detailing any special amenities that are proposed.
(v) A statement of the public improvements both on and off site that are proposed for
dedication and/or construction and an estimate of the date for providing such
improvements.
(vi) A Concept Plan with items as required in Section 3-1-5(E) of this Article listing and
detailing the nature and location of any proffered conditions and those proposed
circumstances which prompted the proffering of such conditions.
(vii) A statement setting forth the proposed approximate development schedule.
(B) Standard for Review. Complete applications shall be reviewed in accordance with Section 3-16 of this Article.
(1) Public Hearings and Notification. Public hearings and notification shall be in accordance
with Division 13 of this Article.
(2) Planning Commission and City Council Review. The Planning Commission and City
Council shall review the application in accordance with Code of Virginia §§ 15.2-2285 and
15.2-2296, et seq.
(i)

All motions, resolutions, or applications for Conditional Zoning shall be acted upon,
and a decision made within 12 months unless the applicant requests or consents to

Editor’s Note: Proposed new requirement so the City can better understand the nexus between the proposed development
and voluntary proffered conditions.
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an extension or unless the applicant withdraws the original motion, resolution, or
application. Otherwise, the amendment shall be deemed approved.
(ii) In the event of and upon a withdrawal, processing of the motion, resolution, or
application shall cease without further action as otherwise would be required.

Section 3-3-3. Amendments and Variations Prior to Final Decision.
(A) Prior to Final Decision.15 Pursuant to the Code of Virginia § 15.2-2297(A), City Council may
accept amended proffers if they:
(1) Do not materially affect the overall proposal and are made voluntarily, and in writing, prior
to the deadline for preparation of the advertisement of the public hearing by City Council
on the rezoning request.
(i)

If City Council determines that the amendment materially affects the overall proposal,
the application with the amended proffers shall be remanded back to the Planning
Commission for a public hearing and recommendation.

(B) After Final Decision. Amendments or variations of conditions shall require a public hearing
pursuant to Division 13 of this Article.

Section 3-3-4. Effect of Condition; Period of Validity.16
(A) All such conditions shall be in addition to the regulations provided for in the zoning district to
which the land is rezoned.
(B) Upon the approval of any such rezoning, all conditions proffered and accepted by the governing
body shall remain in full force and effect until amended or varied by the City Council.
(C) If City Council rezones the land as part of a new or substantially revised Zoning Ordinance, such
conditions shall continue in full force and effect automatically without notice or filing.

Section 3-3-5. Record of Conditional Zoning. 17
(A) Pursuant to the Code of Virginia § 15.2-2300, each conditional rezoning shall be designated on
the Zoning Map by an appropriate symbol designed by the Zoning Administrator.
(1) The Zoning Administrator shall keep and maintain a conditional zoning index which shall
provide ready access to the ordinance creating such conditions in addition to the
regulations provided for in the particular zoning district and which shall be available for
public inspection.

Editor’s Note: Article 26A, Section 6 of the current Ordinance states that proffered conditions must not be amended or
varied until after a public hearing before City Council. In accordance with state code, language has been updated to state
that proffers may be amended prior to advertising for a public hearing as long as they are voluntary and do not materially
affect the overall proposal. Amendments to approved proffers will require a new public hearing.
16
Editor’s Note: New section to clarify period of validity for proffered conditions; this is not currently addressed in the Zoning
Ordinance.
17
Editor’s Note: This requirement is currently included in Article 26A, Section 4 of the current Zoning Ordinance. This
language has been amended for clarity, and new language has been added to reflect the need for annual updates to the map.
15

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(i)

The Zoning Administrator shall update the Index annually and no later than November
30 of each year.

Division 4. Special Use Permits.
Section 3-4-1. Purpose and Intent. 18
A use requiring a Special Use Permit (SUP) is a use that may be appropriate in a zoning district, but
because of its nature, extent, or external impacts, requires special consideration of its location,
design, and methods of operation before it can be deemed appropriate in the district and
compatible with its surroundings. The purpose of this Division is to establish procedures for review
and approval of SUPs that provide for such special consideration.

Section 3-4-2. Applicability. 19
In accordance with Code of Virginia § 15.2-2286, a SUP is required for the development of any use
designated in Article 6, Use Matrix, as requiring a SUP in accordance with this Section, or as required
by use standards provided in Article 7, Use Performance Standards.

Section 3-4-3. Standards and Procedures. 20
(A) In addition to the general application requirements supplied in Division 1 of this Article, the
applicant shall provide information and data to demonstrate that:
(1) The proposed use, when complemented with additional measures, if any, will be in
harmony with the purposes of the specific district in which it will be placed;
(2) There will be no undue adverse impact on the surrounding neighborhood in terms of public
health, safety, or general welfare and show measures to be taken to achieve such goals;
(3) The use will not tend to create congestion in streets, roads, alleys, and other areas; and
(4) The proposal meets the applicable specific and general standards required by this
Ordinance.
(B) Concept Plan. All applications for SUPs shall be accompanied by 1 original paper copy and 1
digital PDF copy of a Concept Plan in accordance with Section 3-1-5(E).21
(C) Standards for Review. Complete applications shall be reviewed in accordance with Section 3-16 of this Article.
(1) Public Hearings and Notification. Public hearings shall be in accordance with Division 13
of this Article.
Editor’s Note: Section 3-4-1 is materially the same as the first part of Article 23, Section 1 of the current Ordinance; text has
been simplified for clarity and the provisions regarding public hearings are proposed to be moved to another Section.
19
Editor’s Note: This is new language proposed for addition in order to incorporate relevant state code as well as to point to
the Use Matrix and associated Use Performance Standards for determining what requires a special use permit application.
20
Editor’s Note: This is a new Section to provide standards and procedures for submitting a special use permit application;
this information is not included in the current Ordinance.
21
Editor’s Note: The number and type of required copies can be amended as needed to meet staff’s review needs.
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(2) Planning Commission and City Council Review.
(i)

The Planning Commission shall make a recommendation on the application to the
City Council, including recommendations of such changes and conditions as it might
deem appropriate.

(ii) The City Council shall make a final decision on the application, including making
appropriate changes to the application and imposition of conditions.
(3) If an applicant seeks both an amendment to the Zoning Ordinance and a SUP for the
same property, both applications may be made jointly and processed at the same time if
the proposed amendment does not add a Special Use not previously permitted by the
terms of this Ordinance.

Section 3-4-4. Effect of Decision; Period of Validity. 22
(A) A SUP authorizes only the particular use(s) and associated development that is approved and
shall not ensure approval for any other permit or development approval.
(B) A SUP, including any approved plans and conditions, shall run with the land and shall not be
affected by a change in ownership, but shall expire as provided in (D), below.
(C) Unless otherwise specified in this Ordinance or specified as a condition of approval, the height
limits, setbacks, lot area, sign requirements, and other specified standards shall be the same
as for other uses in the district in which the special use is located.
(1) A SUP shall not approve any relaxing of the standards specified in this Ordinance.
(D) A SUP shall expire upon the first to occur of the following:
(1) If the applicant does not obtain Site Plan approval or commence the use granted by the
SUP within 2 years for non-residential uses, or 3 years for residential uses, or such longer
time as City Council may approve, from the date of approval;23
(2) Upon expiration of a Site Plan for the use granted by the SUP; or
(3) If an activity operating under an approved SUP ceases for a period greater than 2 years.24

Section 3-4-5. Revocations. 25
A previously granted SUP may be revoked if City Council determines there has not been compliance
with the conditions of the permit. No permit shall be revoked except after notice and hearing as
provided in this Article.

Editor’s Note: This is a new Section to address period of validity for SUPs; this information is not included in the current
Ordinance.
23
Editor’s Note: Commencement of the use (period of validity) has been established at 3 years in accordance with new
provisions adopted in Code of Virginia § 15.2-2286(A)(3), which requires no less than 3 years for residential projects.
24
Editor’s Note: While this timeframe can be amended by the City if desired, the two-year timeframe is recommended to
align with the timeframes provided for nonconforming uses.
25
Editor’s Note: This is a new Section; the current Ordinance does not address circumstances under which a SUP may be
revoked.
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Section 3-4-6. Minor Structural Alterations of Approved SUPs. 26
(A) Where minor structural alterations of approved SUPs are found to be in the interest of the public
health, safety, and general welfare, and substantially conform to the approved application and
do not materially alter the character of the development, the Zoning Administrator shall review
such requests and issue a final determination to approve or deny the alteration within 30 days
of the original request.
(1) Minor alterations shall not:
(i)

Remove any land from or add any land to the area subject to the application;

(ii) Create, intensify, or expand any nonconformity with maximum or minimum
requirements of the zoning district;
(iii) Result in an increased parking requirement;
(iv) Permit a more intensive use than that approved;
(v) Permit uses other than those approved, except that accessory uses may be permitted;
(vi) Reduce the effectiveness of approved transitional screening, buffering, landscaping,
or open space;
(vii) Permit changes to bulk, mass, orientation, or location that adversely impact the
relationship of the development to adjacent property;
(viii) Increase the amount of clearing or grading for a stormwater management facility,
including any clearing or grading associated with spillways, inlets, outfall pipes, or
maintenance roads that reduces non-stormwater management open or landscaping
areas on the lot;
(ix) Expand hours of operation;
(x) Expand the area or type of signage approved, although changes to color and typeface
may be considered; or
(xi) Be inconsistent with all underlying district standards, approved SUP conditions, and
approved Concept Plan.
(2) Appeals of the Zoning Administrator’s determination may be made to the BZA in
accordance with Division 12 of this Article.
(3) Proposed alterations that exceed the thresholds stated in (A)(1), above, or otherwise
require amendments to approved SUP conditions shall be reviewed in accordance with
Section 3-4-3 of this Division.

Editor’s Note: This Section revises Article 23, Section 3 of the current Ordinance. Proposed revisions include allowing the
Zoning Administrator to make administrative determinations for requests of minor structural alterations to approved SUPs,
with appeals of the Zoning Administrator’s determination to go to the BZA.
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Division 5. Variances. 27
Section 3-5-1. Purpose and Intent.
Pursuant to the Code of Virginia § 15.2-2309, the purpose of a variance is to allow for a reasonable
deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot or parcel
of land or the size, height, area, bulk, or location of a building or structure when the strict application
of the Ordinance would unreasonably restrict the utilization of the property, other relief or remedy is
not available, such need for a variance would not be shared generally by other properties, and
provided such variance is not contrary to the purpose of the Ordinance.

Section 3-5-2. Standards and Procedures.
(A) Authority.28
(1) Pursuant to the Code or Virginia § 15.2-2309, the BZA is authorized to review applications
for a variance, if the applicant proves the burden and provides evidence that the application
meets the standards for a variance in accordance with the criteria described in Code of
Virginia § 15.2-2309(2).
(2) The BZA may approve; approve with conditions deemed necessary in the public interest,
including location and character, limiting the duration of a permit, and requiring a
guarantee or bond to ensure the conditions will be complied with; or deny an application
for a variance in accordance with the procedures and standards of this Article.
(B) Initiation.29 Application for a variance may be filed by any property owner, person, or by any
government official who has been specifically authorized in writing by the owner of the lot to file
such application.
(1) Each application for a variance shall include 1 digital and 1 hard copy of a Concept Plan,30
which shall show required details established in Section 3-1-5(E) of this Article, unless the
Zoning Administrator waives or modifies requirements due to the scope and nature of the
proposed use.
(C) Standards for Review. Complete applications shall be reviewed in accordance with Section 3-16 of this Article.
(1) Public Hearings and Notification. Public hearings and notification shall be in accordance
with Division 13 of this Article.

Editor’s Note: This Division is being proposed to replace Article 27, Section 7 of the current Zoning Ordinance. Edits have
been made to incorporate references to pertinent Code of Virginia sections.
28
Editor’s Note: The provisions of Section 3-5-2(A) are materially the same as what is included in Article 27, Section 7(1) and
(2) of the current Ordinance. Language has been reworked for clarity and to include reference to state code.
29
Editor’s Note: The current Ordinance does not specify who is permitted to apply for a variance; this is intended to clarify
this process in alignment with applicable state code.
30
Editor’s Note: This is essentially required as part of the variance application but is not codified in the current Ordinance.
The City may amend the number of copies required to match what is preferred in practice as needed.
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(2) BZA Review. The Zoning Administrator shall submit the application together with a written
staff report to the BZA. The report shall also be submitted to the Planning Commission,
which may send a recommendation to the BZA or appear as a party at the hearing.
(i)

The BZA shall hear and decide on all variance requests in accordance with Code of
Virginia § 15.2-2309.

Section 3-5-3. Effect of Decision; Period of Validity. 31
(A) Issuance of a variance shall authorize only the particular variance that is approved. A variance,
including any conditions, shall run with the land, and not be affected by a change in ownership.
(B) Use or development authorized by the variance shall not be carried out until the applicant has
secured all other permits required by this Ordinance or any other applicable Ordinances and
regulations of the City. A variance, in itself, shall not ensure that the development approved
through said permit shall receive subsequent approval for any other necessary applications for
permit or development approval.
(C) After the BZA has granted a variance, it shall become void after 12 months if no substantial
construction or change of use has taken place in accordance with the plans for which such
variance was granted, or if the BZA does not specify some longer period for good cause shown.

Division 6. Site Plans. 32
Section 3-6-1. Purpose and Intent. 33
(A) The purpose of these requirements is to promote the good arrangement and orderly
development of certain activities in the City and to ensure that such activities are developed in
a manner harmonious with surrounding properties and in the interest of the general public
welfare. More specifically, the Site Plan shall be used to review:
(1) The project’s compatibility with its environment and with other land uses and buildings
existing in the area;
(2) The ability of the project’s traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians;
(3) The quantity, quality, utility, and type of the project’s required community facilities; and
(4) The location and adequacy of the project’s landscape improvements and provision for
drainage and utilities.

Editor’s Note: Section 3-5-3(A) and (B) contain new language; (C) is materially the same as Article 27, Section 9 of the
current Ordinance but has been reworded for clarity and to apply just to variances within this context.
32
Editor’s Note: This Division corresponds to Article 38 of the current Ordinance. Existing language regarding appeals has
been removed from this Division and included in Division 12 to avoid redundancy.
33
Editor’s Note: This Section incorporates text verbatim from Article 38, Section 1 of the current Ordinance. Section 3-61(A)(1) through (4) have been added as new language to provide greater specificity as to how site plans will be used to aid in
application review and evaluation.
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(B) In addition to adhering to the requirements of this Ordinance, Site Plans shall in all respects
conform to all applicable provisions and standards of the Code of Virginia and federal law.

Section 3-6-2. Applicability.
(A) Pursuant to Code of Virginia § 15.2-2286(A)(8), all development in the City requires approval of
a Site Plan in accordance with the procedures and standards in this Division prior to the
issuance of a Zoning Permit, Building Permit, or Certificate of Occupancy, or any land
disturbance for the following: 34
(1) Planned unit developments;
(2) Any use requiring a SUP;
(3) Any use classified in Article 6, Use Matrix, as the following:
(i)

Commercial;

(ii) Industrial;
(iii) Public, Civic, and Recreational;
(4) The following Residential uses:
(i)

Dwelling, Multi-Family;

(ii) Manufactured Home Park.
(5) Any development that involves the provision of public improvements, such as streets,
curbs, water, sewer, and stormwater facilities;
(6) Any parking facility that is to contain 10 or more spaces;
(7) Any development where the area of land disturbance will be 10,000 sq. ft. or greater, or
2,500 sq. ft. or greater in a Chesapeake Bay Preservation Area, unless otherwise
specifically exempted within the Petersburg City Code.
(8) Additions or expansions to any use listed in (A), above, that increases:35
(i)

Total building area by 10% or more; or

(ii) Parking spaces by 10% or more.
(B) Exemptions. The following are exempted from the requirements of this Division:36
(1) Individually developed single-family detached dwellings.

Editor’s Note: The provisions included in Section 3-6-2(A) are materially the same as what is included in Article 38, Section
2 of the current Ordinance, with some revisions for consistency with current Ordinance language. The reference to the
applicable section of state code has also been added.
35
Editor’s Note: The trigger of 10% increase in building area is retained from Article 38, Section 2(i). The existing parking
trigger of 10 spaces has been converted to 10% to account for different scales of parking facilities.
36
Editor’s Note: Exemptions have been introduced for clarity. Note that building code may still require residential
construction to have a plot plan or sketch so that zoning can review for setbacks, etc., but a Site Plan in accordance with this
Division is not required.
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(2) Individually developed two-family dwellings.
(3) Accessory structures or improvements 256 sq. ft. or less in area.
(C) All previously approved Concept Plans shall also submit a Site Plan for administrative approval
prior to any site development.
(D) When a change is proposed that requires additional off-street parking or changes to exterior
elements of a previously approved Site Plan, a Site Plan shall be submitted for review to ensure
that the change of use can be accomplished within the regulations of this Ordinance.37

Section 3-6-3. Site Plan Standards. 38
(A) Site plans or any portion thereof involving engineering, architecture, landscape architecture or
land surveying shall be certified by an engineer, architect, landscape architect or land surveyor
authorized by the Commonwealth to practice as such.39
(B) Site Plans shall be prepared to the scale of 1-inch equals 100 ft. or larger on 24x36-inch sheets,
or other scale and sheet size deemed acceptable by the Zoning Administrator.
(C) Site Plans may be prepared on 1 or more sheets to clearly show the information required by this
section and to facilitate the review and approval of the plan. If prepared on more than 1 sheet,
match lines shall clearly indicate where the several sheets join.40
(D) When more than 1 sheet is required to cover the entire project, a cover sheet, general in nature,
shall be provided to identify all individual sheets of an application in proper relationship to each
other.
(E) All horizontal dimensions shown on Site Plans shall be in feet and decimals of a foot to be closest
to 1/100th of a foot.
(F) When the development is to be constructed in stages or units, a final development schedule
shall be included with the Site Plan that shows the order of construction of such stages, an
approximate completion date for the construction of each stage, and a final cost estimate of all
improvements within each stage for bonding purposes, if applicable.
(1) A Site Plan for a particular development stage or unit other than the first shall not be
approved until the Site Plan has been approved for the immediately preceding stage or unit.
(G) One digital copy of each Site Plan shall be provided to the Zoning Administrator as part of the
application and subsequent review. The City’s Development Review Team shall specify the
number of hard copies that are required for purposes of application and subsequent review.41
Editor’s Note: Proposed addition of text to specify changes in physical development that may require resubmittal of a site
plan.
38
Editor’s Note: Unless otherwise noted, language in this Section is new. This is for the purposes of providing greater
specificity for site plan specifications and general policies for submission. The City can amend these as desired.
39
Editor’s Note: Language retained from Article 38, Section 4 of the current Ordinance.
40
Editor’s Note: This provision is materially the same as what is included in Article 38, Section 4 of the current Ordinance, but
language has been amended slightly for clarity.
41
Editor’s Note: This provision is materially the same as what is included under Article 38, Section 5, but language has been
amended slightly for clarity.
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Section 3-6-4. Site Plan Contents.
(A) All Site Plans shall show the following information, unless the Zoning Administrator determines
that some of the following information is unnecessary due to the scope and nature of the
development proposed:
(1) A title page containing the following:42
(i)

The title of the project, tax map reference, and street address;

(ii) The nature of the land use(s) proposed for the site;
(iii) The name, mailing and emailing address, and phone number of the applicant and
property owner;
(iv) The name, mailing and emailing address, phone number, signature, seal, and
registration number of the plan preparer, and the preparation date of the plan;
(v) A 4-inch x 4-inch blank space to serve as the signature panel for the approving
authority;
(vi) A north point, graphical scale, original date, revision dates, and vicinity map;
(vii) Area and present zoning of the site proposed for development;
(viii) Adjacent and abutting properties with information on ownership, tax parcel number,
zoning and current use;
(ix) A table (with computations) estimating the lot coverage ratio and impervious surface
ratio;
(x) A table (with computations) stating the number of stories, total building height, total
floor area, and floor area ratio;
(xi) A table (with computations) stating the total number of dwelling, commercial, or
industrial units of various types in the project; the overall project density in dwelling,
commercial, or industrial units per gross acre; the floor area of each unit; the height of
each unit; and
(xii) A table (with computations) stating the total number of acres in the project and the
percentage and acreage thereof proposed to be allocated to the several dwelling
types, any nonresidential uses, off-street parking, green areas, streets, parks, schools,
and other reservations.
(2) Plan sheets containing the following:
(i)

A legend for any symbols shown on the plan;

(ii) Existing topography of the parcel prior to grading and the proposed finished contours
of the site with contour intervals of 2 ft. or less;
Editor’s Note: (iii), (iv), (v), (ix), (x), and (xi) are proposed new requirements to help aid review; all other requirements are
currently included in the Zoning Ordinance.
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(iii) Existing zoning and zoning district boundaries, including special districts, on the
property to be developed and on immediately adjacent properties;
(iv) The boundaries of the property or properties involved, all existing property lines,
setback lines, streets, buildings, easements, rights-of-way, watercourses, waterways,
wetlands, or lakes, and other existing physical features in or adjoining the project. If on
an adjoining property, physical features such as watercourses, waterways, or lakes
need only be shown in approximate scale and proportion;
(a) If only a portion of a parcel is proposed for development, a limit of development
line shall also be shown.
(v) The proposed traffic circulation pattern, including the location, dimensions, and
character of construction of proposed streets, alleys, driveways, and medians; the
location, type, and size of ingress and egress to the site; the relationship of internal
traffic to external roads; and sight distances at all access points;
(vi) The estimated daily vehicular trips generated by the proposed development on each
road segment shown on the plan;
(a) If a proposed development will generate 100 or more peak hour trips, a traffic
impact analysis (TIA) shall also be included, unless waived by the Director of
Public Works.43
(vii) The location of all existing off-street parking areas and parking spaces including
loading spaces; walkways indicating type of surfacing, size, angle of stalls, width of
aisles, and a specific schedule showing the number of spaces provided and the
number required by this ordinance; and parking and access for persons with
disabilities as specified in the Virginia Uniform Statewide Building Code;
(viii) The location of existing and proposed sidewalks, curb, and gutter;
(ix) The location of existing, proposed, or required fire lanes and signs;
(x) The location of proposed method of supply of adequate electric power and police
protection;
(xi) For sites for which public water or sewer will be provided or for sites on which existing
utilities will be modified, detailed utility plans and calculations, in accordance with
standards determined by the Director of Public Works or designee;
(xii) A detailed stormwater management plan and calculations, in accordance with
standards determined by the City Engineer or designee;
(xiii) The location and general design of all existing and proposed freestanding signs on the
parcel;

Editor’s Note: The current Ordinance does not include a threshold for when a TIA is required; propose requiring a TIA for any
development with 100 or more peak hour trips for clarity and to ease Ordinance administration. The Director of Public Works
would retain the ability to waive this requirement.
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(xiv) The location and general design of existing and all proposed exterior lighting, including
height of poles and type of fixtures;
(xv) The location and screening materials of all exterior dumpsters, waste refuse storage,
trash compactors, or other outdoor trash receptacles;
(xvi) A landscape plan showing the location, dimensions, and material descriptions of all
existing and proposed screens, buffer yards, or landscaping. The plan shall include the
location, height, type, and material of all fences, walls, screen planting, and landscape
details of all buildings and grounds;
(xvii) The location and dimensions of proposed recreation areas, open spaces, recreation
facilities, and other amenities and improvements, including a statement of whether
such open areas are to be dedicated to the public;
(xviii) The location of any grave, object, or structure marking a place of burial;
(xix) The location of any known historic building or feature;
(xx) The location of any environmentally sensitive features, including steep slopes, shrink
swell soils, and the location of endangered species;
(xxi) The approximate limit of any 100-year flood plain and floodway on the site and the
relationship of buildings and structures to this floodplain and floodway;
(xxii) Delineation of Resource Protection Areas (RPAs) and Resource Management Areas
(RMAs) as provided in Chapter 122, Article II, Chesapeake Bay Preservation Areas, of
the City Code of Ordinances.44
(a) Chesapeake Bay Preservation Area designated RPAs shall be disturbed without
review and approval per Chapter 122, Article II, of the City Code of Ordinances.
(xxiii) For the purposes of protecting life and property from impounding structure failure
consistent with requirements in Code of Virginia §§ 10.1-602, 10.1-606.3, and 15.22284, dam break inundation zones shall be delineated.45
(a) This requirement does not apply to any development that is proposed to be
downstream of a dam for which a dam break inundation zone map is not on file
with the City at the time of submission of the Site Plan.
(b) All dam break inundation zones shall be identified and labeled with the name of
the impoundment and the date of the study that established the dam break
inundation zone.
i.

When a state-regulated impounding structure is proposed to be constructed
or altered, an approximate delineation of the future dam break inundation
zone shall be provided with the submission of the Site Plan.

Editor’s Note: Proposed new requirement for site plans to ensure greater consistency between this Ordinance and
applicable Chesapeake Bay Preservation Act areas and regulations.
45
Editor’s Note: Proposed new requirement for site plans to comply with applicable Code of Virginia requirements.
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ii.

Site Plans proposing developing within a dam break inundation zone shall be
submitted to the Virginia Department of Conservation and Recreation (DCR)
for review and adjacent property owners will be notified.

(c) If DCR determines it would change any spillway design flood standards for an
impounding structure, the developer shall submit an engineering study meeting
state standards to DCR prior to final approval of the proposed development.
i.

Following the completion of the engineering study, and prior to any
development within the dam break inundation zone, the developer shall
change the proposed development so that it does not alter any spillway
design flood standards for the impounding structure or shall pay fifty (50)
percent of the contract-ready costs for necessary upgrades to any
impounding structure attributable to the development, together with
administrative fees required by state law.

ii.

The payment shall be made to the Virginia Dam Safety, Flood Prevention and
Protection Assistance Fund as provided by state law.

(xxiv) For development involving the grading disturbance of greater than 2,500 sq. ft. or
1,000 cubic yards of material, whichever is lesser, an erosion and sedimentation
control plan and detail sheet shall be submitted, including a narrative and schedule
for maintenance and removal of measures;
(xxv) For all residential developments, the type of dwelling unit shall be stated along with the
number of units proposed. Where necessary for determining the number of required
parking spaces, the number of bedrooms in each unit shall also be provided;
(xxvi) Documentation of all existing proffers, permits, and applications relevant to the
parcel, including, but not limited to: Health Department permits; all existing Zoning
Permits and zoning applications; applications or approvals for rezonings, Special Use
Permits, Variances, and any other local, State, or Federal permits related to the parcel;
(xxvii) A copy of all covenants, restrictions, and conditions pertaining to the use,
maintenance, and operation of all open space areas; and
(xxviii) Any additional information as required by the Zoning Administrator necessary to
evaluate the character and impact of the proposed project.

Section 3-6-5. Standards and Improvements. 46
(A) Improvements Required. All improvements required by this Ordinance shall be installed at the
cost of the developer and in accordance with design and construction standards of the City of
Petersburg.

Editor’s Note: Proposed new Division to address standards, improvements, and the need to comply with articulated
community design standards as well as applicable requirements of other Chapters of City Code. Performance bonding for
site plans is only vaguely addressed in Article 38, Section 9 of the current Ordinance; propose to expand on bonding
requirements to provide greater clarity to applicants.
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(B) Specifications. In cases where specifications have been established by the Petersburg City
Council, this Ordinance, the Virginia Department of Transportation (VDOT), or other State or
Federal agency, for related facilities and utilities, such specifications shall be followed. The most
restrictive specifications will prevail.
(1) In addition to those improvements and standards specified in other sections of this
Ordinance, the following minimum standards and improvements shall also be required for
all Site Plans:
(i)

All streets and sidewalks must be designed in compliance with Chapter 98, Streets,
Sidewalks, and Other Public Places, of the City Code of Ordinances, and Article 10,
Subdivision, of this Ordinance.

(ii) All landscaping shall be designed in compliance with Article 8, Community
Development Standards, of this Ordinance.
(C) Performance Bond. After a Site Plan has been approved, and before any construction or land
disturbance can occur, the developer shall furnish to the City an irrevocable letter of credit, cash
escrow, or bonds (collectively referred to as “performance bond”) from a certified Virginia
Lending Institution by corporate surety in a form and amount sufficient to guarantee the
completion of all required improvements.
(1) The cost of required improvements shall be determined by a bona fide estimate of
construction cost prepared by a duly licensed engineer and such estimate shall be
provided at the expense of the developer.
(2) The amount of the performance bond or other guarantee shall be 110% of the estimated
construction cost.
(3) In the event the Zoning Administrator has rejected any such agreement or bond, the owners
or developer shall have the right to have such determination made by the City Council.
(4) If such performance bond contains an expiration date, provisions shall be made for the
extension thereof if all improvements have not been completed 30 days prior to the
expiration date.
(5) The performance bond or other appropriate security shall not be released until
construction has been inspected and accepted by the department responsible for such
improvements as are required to certify compliance with the approved Site Plan and all
applicable City standards.47
(i)

Partial bond releases are permitted and shall adhere to the procedures set forth in
Code of Virginia § 15.2-2245(E).

(D) Supervision and Inspections. It shall be the responsibility of the owner to provide adequate
supervision and inspections on the site during the installation of all required improvements, and

Editor’s Note: This provision is materially the same as what is included in Article 38, Section 11; text has been amended
slightly for clarity and to tie this to performance bonding.
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to have a responsible supervisor together with one set of approved plans, profiles, and
specifications at the site at all times when work is being performed.48
(E) As-Built Drawings. As-built drawings of all public improvements shall be required. The City may
also require as-built drawings for other site improvements as deemed necessary.49
(F) Acceptance of Improvements. The approval of the Site Plan or the installation of the
improvements as required in this Ordinance shall in no case serve to bind the City to accept
such improvements for maintenance, repair, or operation thereof. Such acceptance of each
type of improvements shall be subject to the City and/or State regulations.50

Section 3-6-6. Review.
(A) All Site Plans required under Section 3-6-2 of this Article are subject to administrative approval
by the Planning Director.
(1) The Planning Director or designee is responsible for the review, processing, and the
requesting of additional agency and consultant reports relative to a Site Plan which has
been submitted.
(B) Site Plan Review Process. Unless otherwise provided in another Article of this Ordinance, every
Site Plan required by this Article shall be submitted to the Zoning Administrator who shall take
the following actions:
(1) Review the Site Plans for conformity with applicable development regulations and
approved Concept Plans.
(2) Transmit said plans to other such staff and agencies as may be necessary for the review,
including the Development Review Team, which shall examine the Site Plan with respect to
the requirements of this Ordinance.51
(3) The Zoning Administrator shall notify the applicant of the action taken with respect to the
Site Plan, which may include approval or disapproval. If disapproved, written comments
shall be provided detailing the corrections required for approval.
(4) If specified conditions or comments are addressed in revised plans and the plans meet the
requirements of this Article, a final Site Plan shall be submitted and approved. After
approval, the City shall require that all approved plans be submitted in digital PDF format.52
(C) Time Period for Approval.53 Site Plans shall be approved or disapproved pursuant to Code of
Virginia § 15.2-2259.

Editor’s Note: This provision is materially the same as what is included in Article 38, Section 11, #3 but has been slightly
amended for clarity.
49
Editor’s Note: This provision is included in Article 38.
50
Editor’s Note: This provision is materially the same as what is included in Article 38, Section 11, #5 but has been slightly
amended for clarity.
51
Editor’s Note: This is materially the same as text included in Article 38, Section 6.
52
Editor’s Note: Included in Article 38.
53
Editor’s Note: The time period for approval has been simplified to state code reference for flexibility if regulations change.
48

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Section 3-6-7. Site Plan Amendments. 54
(A) Site Plan for Previously Approved Concept Plan.
(1) If it becomes necessary for an approved Site Plan for a previously approved Concept Plan
for a SUP or Rezoning to be changed, the Planning Director may, at the applicant’s request,
administratively approve a minor amendment to the Site Plan if the change or amendment
does not:
(i)

Alter a recorded plat;

(ii) Conflict with specific requirements of this Ordinance or proffered conditions;
(iii) Change the general character or content of an approved Concept Plan or use;
(iv) Have an appreciable effect on adjoining or surrounding property;
(v) Result in any substantial change of external access points;
(vi) Decrease the minimum specified yard and open spaces; and
(vii) Substantially change architectural or site design features.
(2) Amendments such as but not limited to, the elimination of any use shown or the addition
of any use not shown on the Concept Plan, or any increase or decrease in the density of the
development from the approved Concept Plan, shall require approval of a Concept Plan
amendment through the applicable rezoning or SUP process.
(B) Site Plan Not Associated with an Approved Concept Plan. If it becomes necessary for an
approved Site Plan to be changed, the Planning Director may, at the applicant’s request,
administratively approve minor amendment(s) to the Site Plan if the change or amendment
complies with this Ordinance.
(1) If an approved Site Plan proposes any of the proposed amendments listed in (A)(1), above,
it shall be resubmitted as a new application to the Planning Director and reviewed in
accordance with the standards of this Division.
(C) Time Period for Approval. Site Plan Amendments shall be approved or disapproved pursuant to
the Code of Virginia § 15.2-2259.

Section 3-6-8. Compliance with Site Plan Required.
(A) It shall be unlawful for any person to construct, erect, or substantially alter any building or
structure, or develop, change, or improve land for which a Site Plan is required, except in
accordance with an approved Site Plan. Deviation from an approved Site Plan without the
written approval of the Zoning Administrator shall void the Site Plan and require submission of a
new Site Plan for approval.55

Editor’s Note: Administrative approval of minor revisions to a site plan is addressed in Article 38, Section 7; however, this
language is vague and new text has been proposed here to add greater specificity.
55
Editor’s Note: This provision is materially the same as Article 38, Section 10(2).
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(B) No permit shall be issued for any structure in any area covered by the Site Plan that is required
under the provisions of this Article except in conformity with such Site Plan which has been duly
approved.
(C) The Zoning Administrator shall be responsible for enforcing the requirements as set forth in the
approved Site Plan, before issuance of a Certificate of Occupancy, and shall give written notice
to the Building Official that the site has been developed in accordance with the approved Site
Plan before issuing the Certificate of Occupancy.
(D) No Certificate of Occupancy shall be issued for any structure until all site improvements
necessary to ensure safe and adequate access, including streets and related infrastructure,
have been completed, and all streets have been accepted by the City. Other required site
improvements not essential to safe occupancy may be bonded with surety, in accordance with
Section 3-6-5 of this Article. Upon approval of such bond and surety by the Zoning Administrator,
a Certificate of Occupancy may be issued for the completed structures.

Section 3-6-9. Period of Validity. 56
(A) Validity of a Site Plan approved under this Division shall be pursuant to Code of Virginia § 15.22261.
(B) The application for and approval of minor modifications to an approved Site Plan shall not extend
the period of validity of such plan and the original approval date shall remain the controlling date
for purposes of determining validity.

Division 7. Zoning Permits. 57
Section 3-7-1. Purpose and Intent.
The purpose of a zoning permit is to ensure that all uses, structures, signs, site features, and
buildings in the City of Petersburg demonstrate full compliance with the provisions of this Ordinance
prior to the commencement of construction or the operation.

Section 3-7-2. Applicability.
(A) The regulations of this Division shall apply to all:
(1) Structures, fences, walls, and signs that do not require a building permit, in accordance
with Chapter 22, Buildings and Building Regulations, of the City Code; and
(2) Uses specified as requiring a Zoning Permit in Article 7, Use Performance Standards, of this
Ordinance.

Editor’s Note: This Section is proposed to replace Article 38, Section 10. Language has been amended for clarity and to
include direct reference to the applicable section of state code.
57
Editor’s Note: This is a proposed new division to outline the requirements for zoning permits more clearly. The City
introduced the zoning permit process in the summer of 2024; text has been introduced to align with the information required.
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(B) No zoning permit shall be issued for any of the above unless it complies with the provisions of
this Ordinance, or a SUP, variance, or written order from an appeal has been approved as
provided by this Ordinance.

Section 3-7-3. Standards and Procedures.
(A) The following shall be submitted to the Zoning Administrator for review of the Zoning Permit:
(1) When Site Plans are not required per Section 3-6-2 of this Article, each Zoning Permit
application shall be accompanied by one paper copy and one digital copy of the most
recent plat of record of the land to be built upon. If no such plat exists, the applicant shall
provide a scaled copy of as-built drawings or aerial GIS map, with dimensions, that shows
the following. The Zoning Administrator may waive any of these requirements if not
pertinent to the proposal.
(i)

Lot lines;

(ii) Size, location, and use of existing buildings on the lot, including setback
measurements from each property boundary;
(iii) Suitable notations indicating the proposed use of all land and buildings;
(iv) Points of connection to public water and sewer and/or location of wells and septic
systems and reserve drainfields;
(v) The proposed nature and manner of grading the site, including proposed treatment of
slopes more than 10% to prevent soil erosion and excessive runoff. In cases where an
erosion and sedimentation control permit is required, the necessary plans and data
must be submitted as required in Chapter 50, Article V, Erosion and Sediment Control
Ordinance, of the City Code;
(vi) Delineation of all floodplain limits;
(vii) Delineation of RPAs and RMAs in accordance with Chapter 122, Article II, Chesapeake
Bay Preservation Areas of the City Code;
(viii) Such other information as may be necessary to provide for the enforcement of these
regulations; and
(ix) A statement signed by the applicant which states:
(a) “The information given is correct to the best of my/our knowledge, including any
attached plans, drawings, or supplemental information; and I/we accept liability
for any land disturbance or construction that is in violation of the City of
Petersburg Zoning and Subdivision Ordinance.”
(2) If determined necessary by the Zoning Administrator in a specific case, a boundary survey,
and a staking of the lot by a licensed surveyor and complete construction plans will be
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Division 8. Temporary Use Permits. 58
Section 3-8-1. Purpose and Intent.
The purpose of a temporary use permit is to ensure that any non-permanent, short-term uses are
harmonious and compatible with the character of the surrounding area; to provide for the mitigation
of any potentially adverse impacts of such uses; and to ensure that such uses are not detrimental
to the health, safety, and welfare of the community.

Section 3-8-2. Applicability.
Any temporary use as identified in Article 6, Use Matrix, of this Ordinance, shall not be conducted
or erected without a temporary use permit issued by the Zoning Administrator or a Certificate of
Occupancy issued by the Building Official in accordance with the requirements of this Division.

Section 3-8-3. Standards and Procedures.
(A) All applications for a Temporary Use Permit shall be submitted to the Zoning Administrator.
(1) Temporary uses involving the use of a permanent or temporary structure must be
accompanied by a Concept Plan in accordance with Section 3-1-5(E) of this Ordinance.
(B) Permitting Standards. No Temporary Use Permit shall be issued unless the applicant
demonstrates that the following requirements are met:
(i)

The proposed temporary use must not be an otherwise permitted use in the zoning
district in which the use is located;

(ii) Adjacent uses shall be suitably protected from any adverse effects of the use;
(iii) The use shall not create hazardous conditions for vehicle or pedestrian traffic, or result
in traffic in excess of the capacity of the streets serving the use;
(iv) Adequate parking is provided for both the Temporary Use and any existing permanent
uses established on the site;
(v) Adequate refuse management, security, emergency services, and similar necessary
facilities and services must be available for the temporary use or structure, and all
necessary sanitary facilities will be approved by the Department of Public Works;
(vi) The site is suitable for the proposed use, considering flood hazard, drainage, soils, and
other conditions which may constitute a danger to life, health, or property;
(vii) The use shall not have a substantial adverse impact on the natural environment,
including trees, ground cover, and vegetation; and

Editor’s Note: This is a new Division and permit process. The benefit of having temporary use permits is that it allows
approval of non-permanent events such as festivals, parties, and street closures (e.g., sip and stroll) in an administrative
capacity, making it easier for these events to occur in a way that is safe and beneficial without requiring extra time for Council
review and hearings. It also provides the City with an enforcement mechanism for temporary events that are threatening
community health, safety, and welfare, or are attempting to bypass use regulations.
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(viii) The use shall not have a substantial adverse impact on public safety.
(2) The Zoning Administrator may impose reasonable conditions on the proposed temporary
use to ensure compliance with these standards, or other applicable provisions of the law.
(C) Bond Required. A security bond or certified check in a total amount of $2,500.00 shall be
required if attendance is expected to exceed 1,000 persons at any singular point in time during
the duration of the event. An additional amount of $500.00 shall be required for each additional
500 persons over 1,000.
(1) Provided there is no claim to harm, damages, or incidence to the City, the bond will be
refunded within 60 days after cleanup of the event has been fully completed.

Section 3-8-4. Period of Validity.
(A) Duration. A Temporary Use Permit shall be valid for 6 months or less from the date of approval,
as determined by the Zoning Administrator.
(B) Extension. A request for an extension of such permit shall be made to the Zoning Administrator
at least 30 days prior to the expiration of the original time limit, who will make an administrative
decision for approval or denial.
(1) After 2 extensions have been requested and approved, a SUP shall be obtained in
accordance with Division 4 of this Article in order to continue the use.59
(i)

A temporary use that has obtained 2 extensions shall only be eligible for a SUP in
accordance with Article 6, Use Matrix.

(C) Termination. At the end of such permitted time period, including extensions as approved by the
Zoning Administrator, the use shall be discontinued and all temporary structures and signs
removed within 48 hours.
(D) Revocations. Any Temporary Use Permit issued pursuant to this Ordinance may be revoked by
the Zoning Administrator if it is determined there has not been compliance with the conditions
of the Permit.
(1) Such revocation will be delivered to the owner or operator of the use, by hand-delivery or
certified mail, setting forth the following:
(i)

Reason(s) for the revocation;

(ii) Date and time upon which the revocation is effective; and
(iii) The appeals procedure, in accordance with Division 12 of this Article.

Editor’s Note: Recommend adding this provision to eliminate a possible loophole where an applicant could avoid a SUP by
simply applying for extension of a temporary use permit every year. While most temporary uses are truly temporary, some
may not be, and should require additional review by the City if they are proposed to extend for a lengthy period of time.
Further, the temporary use may only be eligible for an SUP if provided for in Article 6, Use Matrix.
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Division 9. Certificate of Occupancy.60
Section 3-9-1. Applicability.
No person shall occupy or change the occupancy of a building or structure, or part thereof, hereafter
created, erected, changed, converted, altered, excavated, or enlarged, wholly or partly, until a
Certificate of Occupancy (CO) has been issued by the Building Official as provided in the City Code
and required by the Virginia Uniform Statewide Building Code.61

Section 3-9-2. Standards and Procedures.
Certificates of Occupancy shall be approved in accordance with the Virginia Uniform Statewide
Building Code and the City Code.

Division 10. Certificate of Appropriateness.
Section 3-10-1. Purpose and Intent.
The purpose of a Certificate of Appropriateness is to protect designated historic properties and
historic districts from alterations, deterioration, and demolition, and to ensure that new buildings
are compatible with the existing character of the district, in accordance with Code of Virginia § 15.22306.

Section 3-10-2. Applicability.62
(A) A Certificate of Appropriateness shall be required in any historic overlay district63, as regulated
in Article 5, Overlay Zoning Districts, of this Ordinance and designated on the official Historic
Areas Map for:
(1) The erection, construction, alteration or restoration of any building, structure, or
landscape;
(2) The razing, demolition, or movement of any building, structure, or landscape;
(3) The alteration of any exterior architectural feature on any building or structure, regardless
of the requirement for a building permit; or
(4) The erection, construction, modification, or restoration of any sign, which does not satisfy
the requirements of Article 8, Division 9, of this Ordinance.

Editor’s Note: Certificate of Occupancy standards have been streamlined
Editor’s Note: This provision is included in Article 30, Sections 2 and 4 of the current Ordinance. Section 1 text requiring a
CO for vacant land has been removed; it is generally unnecessary to have a CO for vacant land unless there is a temporary
use or event occurring, which would also be addressed through the provisions of Division 8.
62
Editor’s Note: This Section includes language from Article 35, Section 6 of the current Ordinance, but reorganizes and
streamlines it for clarity.
63
Editor’s Note: The current Ordinance reads “historic area” but there is no official designation on the City’s Zoning Map;
propose to establish a new historic zoning overlay (to be drafted as part of Article 5, Overlay Zoning Districts) and connect
certificates of appropriateness to structures within this district.
60
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(B) These requirements shall not apply when the work proposed would not be subject to public view
from a street or other public place.64

Section 3-10-3. Standards and Procedures.
(A) Application. Only an owner of the subject property, an owner’s representative, or a tenant with
the owner’s written approval may apply for a Certificate of Appropriateness.
(1) An application for a Certificate of Appropriateness shall be submitted to the Administrator
and include all relevant information concerning the proposal, including but not limited to:65
(i)

Samples of colors and materials to be used;

(ii) Photographs of the current structure;
(iii) Renderings of proposed changes; and
(iv) Prospective views, elevations, plot plans, and outline specifications.
(2) The Preservation Planner may require additional information as deemed reasonably
necessary to evaluate the application.
(3) Within ten (10) days of receiving an application, the Administrator shall determine whether
it is complete. Should the application be incomplete, the applicant shall be notified in
writing of any deficiencies. 66
(B) Standards for Review. Complete applications shall be reviewed in accordance with Section 3-16 of this Article.
(1) Administrative Review.67
(i)

Notwithstanding any contrary requirement of this Article, within 14 days of application
completeness, the Preservation Planner may review and administratively approve
applications for the following exterior changes:
(a) New paint colors;
(b) In-kind repair;
(c) Exploratory demolition;
(d) Fencing when height and material requirements are met;
(e) In-kind roof replacement; and

Editor’s Note: Provision retained from Section Article 35, Section 6.
Editor’s Note: This language in (A) is materially the same as what is included in Article 35, Section 9 of the current
Ordinance, but has been amended for clarity. The language has also been altered to require submittal to City staff prior to
review by the ARB.
66
Editor’s Note: Proposed new requirement to provide timeframe for determining application completeness; this informs (B)
below.
67
Editor’s Note: An option for administrative review has been added for certain minor work that does not substantially change
the existing building’s exterior. A timeframe of 30 days have been provided for consistency with ARB timeframes.
64
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(f)

Emergency Demolition.

(2) Architectural Review Board Review. After an application is deemed complete, the ARB shall
have 30 days from the date of such determination to review the application in accordance
with the standards of this Ordinance.68
(i)

The ARB shall utilize the Secretary of the Interior’s Standards for Rehabilitation and the
City of Petersburg Historic Districts Design Guidelines for guidance in considering the
application, in addition to considering the following elements of architectural
compatibility:
(a) General design;
(b) Character and appropriateness of design;
(c) Form;
(d) Proportion and scale;
(e) Mass;
(f)

Configuration;

(g) Arrangement;
(h) Texture;
(i)

Material;

(j)

Color;

(k) The relationship of such elements to similar features of structures in the
immediate surroundings; and
(l)

Prevention of developments which are not in harmony with prevailing
characteristics, or which are obviously incongruous with the character of the
historic area.

(ii) In making a determination of whether a proposed structure or modification to a
structure is architecturally compatible, the ARB shall balance the importance of the
historic structure or detail sought to be preserved or restored and the costs of
construction or alteration that would be historically sensitive.
(iii) The ARB shall hold a public meeting to consider the application within 60 days of the
application being determined to be complete. The ARB shall provide public notice of
the date, time, and location of the public meeting. Such notice shall be posted in the
office of the Preservation Planner and on the City of Petersburg website.
(iv) Following the public meeting, the ARB shall either issue, issue with reasonable
conditions, or deny the Certificate of Appropriateness. The Zoning Administrator shall

Editor’s Note: This includes the procedure articulated in Article 35, Section 10, but changes the meeting timeframe to 30
days from the date of determination of completeness.
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notify the applicant, in writing, of its decision, including the specific reasons for
making the decision, and the options for appeal.
(v) If the ARB has not met and decided within 60 days of the application being determined
complete, and no mutual agreement between the applicant and the ARB has been
made for an extension of time, the Zoning Administrator shall submit the application
to City Council who shall hold a public hearing to review the application after public
notice has been provided in accordance with Division 13 of this Article.69
(vi) The ARB may, at its discretion, issue a temporary Certificate of Appropriateness to an
applicant who does not meet the necessary requirements of the Secretary of the
Interior’s Standards for Rehabilitation and/or the City of Petersburg Historic Districts
Design Guidelines, but only if the applicant meets all of the following requirements:
(a) Strict application of this article would produce undue hardship;
(b) The proposed work would not be of such a permanent nature as to preclude
future activity which would meet compatibility compliance;
(c) No such temporary certificate shall be issued to allow the proposed work to exist
for a period longer than 2 years.70
(C) Reconsiderations.71 At any time after disapproval, the applicant may resubmit an application,
with amendments as necessary, which shall be processed in the same manner as set forth in
this Division.
(D) Appeals. Appeals shall be in accordance with Division 12 of this Article.
(E) Demolition, Razing, or Moving of Structures.72
(1) In addition to the right of appeal as stated in (D), above, the owner of a building or structure
located within a historic overlay district, the razing, demolition, or moving of which would
otherwise require a Certificate of Appropriateness under Division 10 of this Article shall be
entitled to raze, demolish, or move such building or structure, provided that:
(i)

The owner has applied for demolition approval from the ARB, or from City Council in
the instance of an appeal;

(ii) The owner has, for the period of time set forth in Table 3-1, and at a price reasonable
related to its fair market value, made a bona fide offer to sell such landmark, building
or structure, and the land pertaining thereto, to the City of Petersburg, or to any person,
firm, corporation, government or agency thereof, or political subdivision or agency
thereof, which gives reasonable assurance that it is willing to preserve and restore the
building or structure and the land pertaining thereto; and

Editor’s Note: This language is included in Article 35, Section 10 of the current Ordinance but modified for clarity.
Editor’s Note: Time frame has been reduced from 5 years to 2 years.
71
Editor’s Notes: This language is pulled verbatim from Article 35, Section 11 of the current Ordinance.
72
Editor’s Notes: The provisions of (H) are materially the same as what is provided for in Article 35, Section 15 of the current
Ordinance, but have been reorganized and simplified for clarity. A table has also been added to clearly state the time
schedule for offers.
69
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(iii) No bona fide contract, binding all parties thereto, shall be executed for the sale of any
such landmark, building, or structure, and the associated land, prior to the expiration
of the applicable time period established in Table 3-1, below.
(iv) Any appeal of the ARB or City Council’s decision shall not affect the owner’s right to
make the bona fide offer to sell.
(v) No offer to sell will be made more than 1 year after City Council’s decision. However,
the owner may renew their request to City Council to approve the razing or demolition
of the historic landmark, building or structure.
(vi) The time period specified in Table 3-1 will commence upon the City’s receipt of the
owner’s written notification of their intention to sell a landmark, building, or structure
within a historic overlay district. Within 5 days of receipt, the City shall convey a copy
of such notification to the ARB. This notification statement shall include:
(a) Identification of the subject property;
(b) Offering price; and
(c) Name of the real estate agent, if applicable.
Table 3-1. Offers to Sell Time Periods.73
VALUE OF PROPERTY
MINIMUM OFFER TO SELL PERIOD
Less than $25,000
$25,000 – $39,999
$40,000 – $54,999
$55,000 – $74,999
$75,000 – $89,999
$90,000 or more

3 months
4 months
5 months
6 months
7 months
12 months

(2) Nothing in this Ordinance shall limit the authority of the City to order the razing, moving, or
demolition of any landmark, building, or structure within a historic overlay district which is
determined to be in an unsafe condition that poses a danger to life, or property in violation
of the Virginia Uniform Statewide Building Code, as determined by the Building Official.
(3) A demolition order issued by the Building Official for an unsafe historic landmark building
or structure may be made without the approval of the ARB.
(F) Expiration or Revocation.74
(1) Approval of a Certificate of Appropriateness shall expire 12 months from the date of
issuance, unless otherwise indicated, if the applicant has failed to establish the use or
diligently pursue construction.

Editor’s Note: The values and time frames in Table 3-1 are derived from Code of Virginia § 15.2-2306(A)(3).
Editor’s Note: Addition of language addressing expiration or revocation of certificates of appropriateness as a best practice
for enforcement.
73
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(i)

If the Certificate of Appropriateness is issued to correct a violation of this Ordinance,
the corrective work shall be completed within 6 months of the date of issuance, unless
a different time frame is specified based on the scope of the required work.

(ii) The ARB may grant an extension of up to 12 months upon receiving a written request
from the applicant, with good cause shown, at least 30 days before the expiration of
the original time limit.
(2) Should an applicant be found in violation of conditions of approval or the requirements of
this Ordinance, the recipient of the Certificate of Appropriateness shall be subject to the
provisions of Article 2, Division 5 of this Ordinance, which may include revocation by City
Council.
(3) Approval may be revoked by City Council for unremedied or repeated violations of any
conditions or failure to satisfy the requirements of this Ordinance only after conducting a
public hearing, with notice given in accordance with Division 13 of this Article.

Section 3-10-4. Historic Building Designation.
(A) Initiation. Property owners who desire their buildings to be certified as a “Petersburg Historic
Building” may apply for such designation by the ARB. Included in such application shall be
information that the board may require in order to make a determination in accordance with the
requirements listed in (B), below.
(B) Architectural Review Board Review. After an application is deemed complete, the ARB shall have
30 days from the date of such determination to review the application in accordance with the
following requirements for qualification:
(1) The building must be 60 years of age, or older;
(2) The exterior facade of the building must be restored to the original materials and colors.
Original facades may include additions or alterations made to the building provided they
do not detract from its architectural significance;
(3) The building must be of architectural or historic significance, and listed upon the survey of
historic structures of the City of Petersburg.
(C) Notification. Applicants shall be notified as to the ARB’s decision by its Secretary.
(D) Designation Plaque. Those owners whose buildings are certified by the ARB shall cause the
certification documents to be recorded in the clerk's office of the Circuit Court; the clerk to
charge such reasonable fee as is necessary to defray the cost of recordation.
(1) Upon evidence of recordation and payment of any fees, the designation plaque shall be
issued to the owner
(2) The owner shall place this plaque upon the building so designated, in the location and in
the manner as prescribed by the ARB, within 30 days of receipt thereof.
(E) Revocation.

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Draft Article 3 – Permits and Applications
(1) The plaque so issued shall remain the property of the City of Petersburg, and, in any case
where the plaque is not placed in the manner as prescribed by the ARB, the ARB shall take
action to regain possession of the plaque.
(2) Owners of a "Petersburg Historic Building" shall maintain the exterior facade of such
buildings in both condition and appearance. The ARB may rescind the historic building
designation and regain possession of the plaque if it is determined that alterations or
modifications have caused variation from its approved condition and appearance.

Division 11. Zoning Determinations.
Section 3-11-1. Purpose and Intent.
In administering, interpreting, and enforcing this Ordinance, the Administrator shall provide a
written response to persons who have filed a specific request in writing for a decision or
determination on zoning matters within the scope of the Administrator’s authority.

Section 3-11-2. Standards and Procedures.
(A) Following a written request detailing the determination being requested and the address and/or
tax map number of the subject parcel(s), the Administrator’s response shall be provided within
90 days of the date of the request unless the requestor agrees to a longer period.
(B) When the requestor is not the owner or the owner’s agent of the property subject to the request,
the Administrator, in accordance with the Code of Virginia § 15.2-2204(H), will provide written
notice within 10 days of receipt of the request to the owner of the property at the owner’s last
known address as shown on the City’s real estate assessment records.
(C) The Administrator’s written decision or determination must include a statement informing the
recipient of the right to appeal the decision as provided in Division 12 of this Article.

Division 12. Appeals.
Section 3-12-1. Appeals of Zoning Administrator Determinations and Decisions. 75
(A) Pursuant to the Code of Virginia § 15.2-2311, appeal to the BZA may be taken by any person
aggrieved or by any officer, department board or bureau of the City affected by any decision of
the Zoning Administrator or from any order, requirement, decision, or determination made by
any other administrative officer in the administration or enforcement of this Ordinance.
(B) Such appeal will be taken within 30 days after the decision appealed from by filing with the
Zoning Administrator and with the BZA, a notice of appeal specifying the grounds thereof. The
Zoning Administrator will transmit to the BZA all the papers constituting the record upon which
the action appealed from was taken.

Editor’s Note: Article 26A, Section 5 permits appeals of the Administrator determinations to the BZA. New text has been
added to provide the timeframe for appeals and conditions under which a decision or interpretation can be reversed or
modified.
75

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(1) Notwithstanding the above, pursuant to the Code of Virginia §§ 15.2-2259 and 15.2-2260,
an applicant may appeal a denied site plan to the City of Petersburg Circuit Court within 60
days of the decision.
(C) A decision or interpretation of the Zoning Administrator will be presumed correct and may not
be reversed or modified unless there is evidence in the record that the decision is not correct,
based on the relevant procedures and review standards of this Ordinance.

Section 3-12-2. Appeals to the Board of Zoning Appeals (BZA) Procedures. 76
(A) Pursuant to the Code of Virginia § 15.2-2312, procedures for submitting an appeal shall be as
follows:
(1) Procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in care
of the Zoning Administrator. Once determined complete, the Zoning Administrator shall
submit the appeal, along with a written staff report, to the BZA and the Director of Planning
and Community Development.77
(i)

Hearing. The BZA shall fix a reasonable time for the hearing of an application or appeal,
give public notice as outlined in Division 13 of this Article as well as due notice to the
parties in interest, and decide the same within 90 days of filing of the appeal.

(ii) Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision, or determination appealed from. In any
appeal, if a BZA’s attempt to reach a decision results in a tie vote, the matter may be
carried over until the next scheduled meeting at the request of the person filing the
appeal.

Section 3-12-3. Appeals of BZA, Planning Commission, or City Council
Decisions.78
(A) Pursuant to the Code of Virginia §§ 15.2-2314 and 15.2-2285, any person or persons jointly or
severally aggrieved by any decision of the BZA, Planning Commission, or City Council, or any
taxpayer or any officer, department, board, or bureau of the City, may appeal the decision to the
Circuit Court of the City of Petersburg.
(B) An application specifying the grounds on which the applicant is aggrieved shall be submitted
within 30 days after the final decision.

Section 3-12-4. Appeals of ARB Decisions.
(A) Appeals. Pursuant to Code of Virginia § 15.2-2306:

Editor’s Note: Article 27, Section 3 partially addresses procedures for appeals to the BZA, but there are not currently
provisions for making a decision of 90 days of filing. New text has been added to reflect this, with direct reference to the
pertinent section of state code.
77
Editor’s Note: Article 27, Section 3 tasks the Building Inspector with transmitting a notice of appeal to the BZA, which is in
conflict with Code of Virginia § 15.2-2311. Propose to authorize the Administrator to handle this task to align with state code.
78
Editor’s Note: Proposed addition of text; this required provision of the Code of Virginia is not included in the current
Ordinance.
76

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(1) Any property owner aggrieved by any final decision of the ARB may, within 30 days of such
decision, appeal to City Council by filing an appeal letter with the Clerk of Council.79
(i)

City Council shall hold a public hearing in accordance with Division 13 of this Article
no later than 30 days after receipt of an appeal letter with the Clerk of Council.

(2) Any property owner aggrieved by any final decision of City Council may file an appeal in
accordance with Section 3-12-3, above.80

Section 3-12-5. Construction in Violation of Ordinance without Appeal to BZA.81
(A) Pursuant to the Code of Virginia § 15.2-2313, construction of a building with a valid building
permit deemed in violation of this Ordinance may be prevented, restrained, corrected, or abated
by suit filed within 15 days after the start of construction by a person who had no actual notice
of the issuance of the permit.
(B) The court may hear and determine the issues raised in the litigation even though no appeal was
taken from the decision of the Zoning Administrator to the BZA.

Section 3-12-6. Stay of Proceedings.82
An appeal shall stay all proceedings in furtherance of the action appealed from unless the
Administrator certifies to the BZA that by reason of facts stated in the certificate, a stay would, in
their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed
otherwise than by a restraining order granted by the BZA or by a court of record, on application and
on notice to the Zoning Administrator and for good cause shown.

Division 13. Public Hearings and Notifications.
Section 3-13-1. Public Hearing and Notice Required.
(A) Advertising and notice for public hearings shall be conducted in accordance with Code of
Virginia § 15.2-2204, and as outlined in this Division.
(1) The City of Petersburg shall pay the cost of any required notice, except as provided in
Section 3-13-2(D)(1).

Editor’s Note: This procedure is provided in Article 35, Section 13; the proposed text here is materially the same but has
been greatly streamlined for simplicity.
80
Editor’s Note: This procedure is provided in Article 35, Section 14, but has been greatly streamlined for simplicity and to
allow the provisions of Division 12 to govern.
81
Editor’s Note: Proposed addition of text; this required provision of the Code of Virginia is not included in the current
Ordinance.
82
Editor’s Note: Stay of proceedings is partially addressed in Article 35, Sections 13 and 14. Text has been edited for clarity
and to apply to all appeal proceedings.
79

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Draft Article 3 – Permits and Applications

Section 3-13-2. Posting Notice on Property.83, 84
(A) Additional notice of all public hearings involving SUPs, Variances, and Zoning Map Amendments
(Rezonings) shall be provided by means of a sign or signs posted on the subject property which
indicates that Zoning action is pending.
(B) The City shall provide the sign and shall be responsible for posting the sign on the subject
property as required below. The applicant shall be responsible for maintaining the sign.85
(C) The sign shall be posted on the subject property at least 14 days preceding a public hearing on
the proposed SUP, rezoning, or variance.86
(1) The sign shall specify notice of requested zoning change; the requested classification; and
the date, time, and location of the public hearing.
(2) If the application addresses more than one property, signage shall be placed every 300 ft.
along each public street frontage adjoining the area subject to the petition.
(3) The sign shall be so placed as to be clearly visible from the road.
(4) The sign shall remain posted in good condition on the property until City Council has
disposed of the petition.
(5) The holding of a public hearing or the validity of action on an application will not be affected
by the unauthorized removal of a notice which has been posted in accordance with this
Section.
(6) It will be unlawful for any person, except the Zoning Administrator or designee, to remove
or tamper with any sign furnished during the period it is required to be maintained under
this Section.
(D) It will be the duty of the property owner or applicant at the hearing to prove by sworn affidavit to
the Department of Planning & Community Development that they have fully complied with the
requirements of this section and has continuously maintained the sign or signs in good
condition, up to the time of the hearing.
(1) If a sign is damaged or destroyed during the duration of its posting, the applicant shall be
responsible for providing a replacement sign to the City.87

Editor’s Note: This is an optional provision of state code that Petersburg currently chooses to incorporate in Article 28,
Section 4, but language has been updated to align with the most current requirements of § 15.2-2204 and provide greater
clarity for where signs shall be placed, how long they can be erected, and how they shall be maintained.
84
Editor’s Note: This Section is materially the same as Article 28, Section 4, but has been restructured and amended for
clarity.
85
Editor’s Note: This provision is carried over from Article 28, Section 4, with minor revisions for clarity.
86
Editor’s Note: Article 28, Section 4 currently requires posting of notification signs within 5 days of application submittal.
This requirement has been revised so that notification signs must be posted at least 14 days prior to the public hearing; this
timeframe is in the middle of the first advertisement time period set by state code (between 7-28 days before the first public
hearing).
87
Editor’s Note: This is currently required in Article 28, Section 4. Propose requiring a sworn affidavit to demonstrate
compliance as an additional enforcement mechanism for the City.
83

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Section 3-13-3. Waiver of Notice. 88
Actual notice of, or active participation in, a public meeting for which written notice is required will
waive the right of that party to challenge the validity of the proceedings based on failure of notice.

88

Editor’s Note: Proposed new text to address waiver of notice.

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Draft Article 3 – Permits and Applications
Table 3-2. Summary of Required Notice (For Reference Only).89
TYPE OF NOTICE

PUBLISHED
NOTICE
(NEWSPAPER)

MAILED NOTICE
TO AFFECTED
OWNERS

MAILED NOTICE
TO ADJACENT
OWNERS

MAILED NOTICE
TO
INCORPORATED
PROPERTY
OWNERS
ASSOCIATIONS

Zoning & Subdivision Text
Amendments

Yes

No, unless
decreasing
residential
density or
establishing a
historic district

No

No

Zoning Map Amendments
(25 or fewer parcels)

Yes

Yes

Yes

Yes

Yes, for lots
11,500 square
feet or greater

TYPE OF APPLICATION

Zoning Map Amendments (More
than 25 parcels) or Decrease of
Residential Density

Special Use Permits allowing a
change in use, or an increase by
greater than 50% the bulk or
height of an existing building;
and Special Exception Permits

Variances, Appeals of Official
Determinations, and BZA
Interpretations of District Maps
Site Plans
Certificate of Appropriateness

89

No

Yes, If proposal in
planned
development and
any association
member owns
property within
2,000 feet of
proposal

Yes

Yes

Yes

No

Yes

Yes

Yes

No

No
No*

MAILED NOTICE
TO ADJACENT
LOCALITIES

INDIVIDUAL
NOTICE TO
MILITARY BASES
AND
INSTALLATIONS,
AND PUBLIC
USE AIRPORTS

POSTED NOTICE
ON PROPERTY

No

No

No

Yes, if proposal
involves any
parcel within
3,000 feet of the
boundary of the
facility

Yes, if proposal is
applicant
initiated

Yes, if proposal
involves any
parcel within
3,000 feet of the
boundary of the
facility (applies
only to Special
Use Permits for a
change in use)

Yes, if proposal is
applicant
initiated

No

No

Yes, if proposal is
within ½ mile of
adjoining locality

No

No
No
No
No
No
No
No*
No*
No*
No
No
No*
*Unless ARB decision is appealed to City Council, then a public hearing is required and may mandate additional notice.

Editor’s Note: Proposed addition for ease of reference. This also helps facilitate future updates if/when Code of Virginia requirements are amended.

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Draft Article 4 – Primary Zoning Districts

ARTICLE 4. Primary Zoning Districts.
Division 1. Establishment and Intent.1
Section 4-1-1. Intent.
(A) Intent. Land within the City of Petersburg, as it exists at the time of this Ordinance being enacted,
is hereby divided into classes of primary zoning districts to:
(1) Regulate and restrict the location and use of buildings and land for trade, industry,
residence, and other purposes in accordance with the objectives of the City of Petersburg
Comprehensive Plan;
(2) Regulate and restrict the location, height, and size of buildings hereafter erected or
structurally altered; and
(3) Ensure adequate setbacks, open spaces, and public facilities to support the City’s
population.

Section 4-1-2. Primary Zoning Districts Established.
(A) To carry out the purpose stated in Article 1, In General, of this Ordinance and Section 4-1-1(A),
the City of Petersburg is hereby divided into primary zoning districts as shown in Table 4-1, the
boundaries of which shall be shown on the Zoning Map.
(B) For reference purposes throughout this Ordinance, unless specifically provided to the contrary,
the following terms shall be used to refer to primary zoning districts:
(1) “Residential district” shall include the R-1A, R-1, RMH, RTH, R-2, R-3, R-4, R-5, and R-1
districts;
(2) “Commercial district” shall include the B-1, B-2, and B-3 districts;
(3) “Mixed-Use district” shall include the RB, MXD-1, MXD-2, MXD-3, and ERC districts;
(4) “Industrial district” shall include the M-1 and M-2 districts;
(5) “Planned district” shall include the PUD district; and
(6) “Agricultural district” shall include the A district.

Editor’s Note: Establishment and intent language has been revised from Article 4, Section 1 to better clarify the
intent of zoning districts. Existing zoning districts and abbreviations have been retained, with pertinent changes
included within the individual district standards.
1

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Draft Article 4 – Primary Zoning Districts
Table 4-1. Primary Zoning Districts
DISTRICT
ABBR.
A
R-1A
R-1
R-2
R-3
R-4
R-5
R-6
RTH
RMH
RB

DISTRICT NAME
Agricultural
Single-Family Residence
Single-Family Residence
Single-Family Residence
Two-Family Residence
Multiple Dwelling
Multiple Dwelling
High Rise
Residential Townhouse
Residential Mobile Home
Office-Apartment

DISTRICT
ABBR.
MXD-1
MXD-2
MXD-3
B-1
B-2
B-3
ERC
M-1
M-2
PUD

DISTRICT NAME
Mixed Use
Mixed Use
Mixed Use
Corridor Commercial
General Commercial
Central Commercial
Entertainment and Resort Casino
Light Industrial
Heavy Industrial
Planned Unit Development

Section 4-1-3. Place Types Established.2
(A) To facilitate and encourage land development and redevelopment within the City of Petersburg
that achieves the development patterns, physical character, and community identity
established in the adopted Comprehensive Plan and Future Land Use Map, Place Types are
established in Table 4-2, below, to guide the appearance and development of land uses,
building forms, streetscapes, and open spaces.
(B) All new and redevelopment should also incorporate site and building design features
compatible with the associated Place Type, as guided by the intent statements in this Section
and the adopted Comprehensive Plan.

Editor’s Note: To help develop a form-based code style, Place Types have been established based on the
Comprehensive Plan’s future land use designations. This is to help create consistency between the Plan and
Zoning Ordinance and facilitate a form-based Ordinance structure.
2

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Draft Article 4 – Primary Zoning Districts
Table 4-2. Place Types and District Types
PLACE TYPE
Conservation and Recreation

Community Residential

Historic Core Neighborhood

Community Mixed Use

Corridor Commercial
Neighborhood Commercial
Research and Development
General Industrial

DISTRICTS
A
R-1A
R-1
R-2
R-3
R-4
R-5
R-6
RTH
RMH
PUD
R-1A
R-1
R-2
R-3
R-4
R-5
R-6
RB
MXD-1
MXD-2
MXD-3
ERC
B-1
B-2
B-3
MXD-3
M-1
M-1
M-2

(C) Conservation and Recreation Intent.
(1) Conservation and Recreation areas provide recreational, environmental, and educational
benefits to the community. These areas consist of sensitive environmental habitats,
floodplains and steep slopes, agricultural activities, parks and trails, and historic
resources.
(2) Preservation and conservation of historic and environmental resources is intended.
Petersburg National Battlefield and other designated historic or environmentally sensitive
sites are not appropriate for development.
(3) Conservation and Recreation generally aligns with the A District in the area of Petersburg
National Battlefield. Developments abutting Petersburg National Battlefield should be
sensitive to impacts on historic resources and viewsheds.

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Draft Article 4 – Primary Zoning Districts
(i)

Agricultural parcels that are not located within Conservation and Recreation areas, as
designated on the Comprehensive Plan Future Land Use Map, are intended for
industrial and economic development.

(D) Community Residential Intent.
(1) Community Residential neighborhoods were largely developed in the mid- to late-20th
century, tend to be more suburban than urban in character, and can be found on the west
side of Petersburg and south of Interstate 85. Lots tend to be larger and more irregular than
those found in Historic Core Neighborhoods. Single-family attached and detached
dwellings are both present; however, a variety of residential types at a range of densities are
appropriate to achieve the goal of providing a variety of attainable rental and
homeownership options to the community.
(2) All new development should complement the scale, form, and existing architectural
character of surrounding development. Streetscapes must integrate streetlighting and
landscaping, especially street trees.
(3) Development on previously undeveloped parcels should seek to provide interconnectivity
in the street network and be mindful of sensitive environmental features such as
floodplains, the existing mature tree canopy, and steep slopes.
(4) Connections among neighborhoods and schools, parks, employers, and civic places must
be prioritized as conditions permit to facilitate walkable, livable neighborhoods.
(E) Historic Core Neighborhood Intent.
(1) Historic Core Neighborhoods directly reflect Petersburg’s historic development pattern
and are generally located in the heart of Petersburg north of Interstate 85 and west of
Interstate 95. This development pattern consists of relatively short blocks in a grid
orientation, small lots, and residential dwellings in a variety of architectural styles and
developed at a moderate density.
(2) Development in Historic Core Neighborhoods will utilize the existing historic street grid, be
sited on compact lots, front on a public right-of-way, and use architecture that is
complementary to the character of surrounding structures.
(3) Streetscapes will integrate street lighting and landscaping, with separated pedestrian and
bicycle infrastructure on higher volume streets.
(4) Renovation of existing structures, adaptive reuse, and infill are the most appropriate
methods of development.
(5) Single-family dwellings, duplexes, triplexes, quadplexes, and townhouses consistent with
the immediate surrounding scale and aesthetic are appropriate. Conversion of singlefamily dwellings into duplexes, triplexes, or quadplexes is also appropriate, as permitted.
(F) Community Mixed-Use Intent.
(1) Community Mixed Use areas are walkable, dense, and interconnected environments for
entertainment, shopping, personal services, restaurants, hotels, offices, the arts, and
residential uses.
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City of Petersburg Zoning & Subdivision Ordinance Update
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(2) While the footprint of Community Mixed Use areas should not develop in a manner that
overwhelms or endangers Historic Core Neighborhoods or sensitive resources, their use
and intensity may develop in ways that are compatible with Petersburg’s historic and
architectural character and urban form.
(3) Community Mixed Use areas are appropriate areas for commercial uses that are
pedestrian-oriented, enhance a vibrant street life, and contribute to Petersburg’s overall
economy. Integration of pocket parks, street trees, and urban gardens should promote an
aesthetically pleasing streetscape and promote air quality and temperature reductions
within identified heat islands.
(4) Renovations, infill, and new construction within designated Local Historic Districts should
be consistent with the Secretary of the Interior’s Standards for Rehabilitation and City of
Petersburg Historic Districts Design Guidelines.
(G) Corridor Commercial Intent.
(1) Corridor Commercial areas provide goods and services for the community, allowing
residents and visitors to access amenities. Typical uses include restaurants, indoor
entertainment and recreation, and general retail and services.
(2) While uses in Corridor Commercial are often automobile-oriented, development must be
sited so that the principal façade faces the street and should integrate pedestrian and
bicycle infrastructure to create a more walkable, vibrant, and connected “Main Street”
development pattern.
(3) New buildings should seek to integrate a mix of uses wherever possible; any vehicular
parking areas must be sited to the rear or side of the principal structure and screened.
There should be adequate buffering, screening, and exterior lighting.
(4) Design and construction should be consistent with the surrounding area and use highquality building materials. Multifamily residential included in vertical mixed-use structures
or located behind commercial areas is also appropriate. Infill development within existing
surface parking lots is also appropriate.
(H) Neighborhood Commercial Intent.
(1) Neighborhood commercial areas serve as discernible neighborhood centers that provide
for the daily needs of area residents through uses such as neighborhood grocers,
community hubs, laundromats, clinics, neighborhood office uses, and daycares.
(2) Development in neighborhood commercial areas should be high-quality, oriented towards
the street, provide interconnectivity to existing roads and sidewalks, and integrate
community design elements such as landscaping and lighting. Parking should be minimal
to encourage the use of alternative transportation, with any parking areas sited to the rear
or side of the principal structure.
(3) Adaptive reuse of existing vacant commercial or industrial structures is appropriate.
(4) While the footprint of neighborhood commercial areas should not expand in a manner that
endangers Historic Core Neighborhoods, their use and intensity may expand in ways that
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Draft Article 4 – Primary Zoning Districts
are compatible with Petersburg’s historic and architectural character. Any investment,
however, should ensure the preservation of historic structures and continue the
architectural character of the surrounding area.
(5) Vertical mixed-use development with residential on the upper floors is appropriate,
provided the form and context of the surrounding area are respected through development.
Large, auto-oriented commercial uses are not appropriate.
(6) Neighborhood Commercial areas are designated on the Comprehensive Plan Future Land
Use Map. Additionally, a commercial use situated within a residential neighborhood and
accessible by a combination of car, foot, bike, and/or public transportation should also
incorporate the site and building design features compatible with this Place Type.
(I) Research and Development Intent.
(1) Research and Development areas are Petersburg’s major employment centers, with a
variety of research and development, light industrial, office, medical, and supporting
service uses that are important regional nodes for research, employment, and trade.
Institutional uses, such as trade schools and satellite campuses, are also appropriate as a
physical means of building a strong talent pipeline.
(2) Research and development areas should be readily accessible from interstates and
principal arterials by a variety of multimodal options – vehicle, bicycle, public
transportation, and sidewalks.
(3) Campus-like settings with adequate landscaping, buffering or screening, lighting, and
transportation access are appropriate. Sustainable development practices, including but
not limited to stormwater management, water conservation, and green spaces should be
integrated in facility and site design.
(J) General Industrial Intent.
(1) General Industrial areas are intended for heavy industrial uses compatible with
Petersburg’s economic development goals.
(2) General Industrial areas are appropriate for heavy industrial uses that may have excessive
impacts of noise, smoke, odor, and traffic.
(3) Sites should be readily accessible by road and rail and provide opportunities for major
employment centers. Development should also consider proximity to public transportation
routes and stops.

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Division 2. General District Standards.
Section 4-2-1. General District Standards.
(A) The requirements specified in this Article shall be considered the minimum required to promote
the public health, safety, and general welfare.
(B) Regulations shall apply uniformly to each use, structure, and lot within the zoning district.
(C) Except as provided in Article 9, Nonconformities, of this Ordinance, every structure hereafter
constructed shall be located on a lot meeting the minimum requirements for the district in
which it is located.
(D) All new development shall be served by and connected to public water and sewer systems.
(1) Where existing individual lots are not served by public water and sewer systems, single
family dwellings may be constructed if otherwise permitted in Article 6, Use Matrix.
(2) The State Health Official may require a larger minimum lot area to meet Virginia
Department of Health requirements for use of individual wells and/or sewage disposal
systems.3
(E) Lots are limited to one principal structure, except for the following districts and uses, provided
all applicable standards can be met: 4
(1) Districts. ERC, B-1, B-2, B-3, M-1, M-2, PUD.
(2) Uses.
(i)

Dwelling, Multi-Family;

(ii) Dwelling, Townhouse; and
(iii) Cottage Court.
(F) Where a rear lot line abuts a public alley, the Zoning Administrator may reduce or waive the
minimum rear setback requirement, provided the alley provides at least 5 ft. of separation
between structures and no adverse impacts to adjacent properties are anticipated.
(G) For adjoining duplex units under separate ownership, the minimum lot size shall be one-half of
the district minimum required for a duplex.
(H) A building or group of buildings permitted under the terms of this Ordinance may be sold as
condominiums in accordance with Code of Virginia § 55.1-1900 et seq.

Editor’s Note: Provision to increase lot size for well/septic systems per the Virginia Department of Health’s
requirements, as applicable, has been retained from Article 4-A, Section 4.
4
Editor’s Note: Provision allowing more than one principal structure in commercial and industrial districts has
been retained from Article 25, Section 3.1(4). Multi-family structures (i.e., apartment buildings) and cottage
courts have also been added.
3

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Draft Article 4 – Primary Zoning Districts

Division 3. Determination and Measurement of Standards.5
Section 4-3-1. Floor Area Calculations. 6
(A) Total Floor Area. Total floor area is the total horizontal area of all floors in all buildings on a lot,
measured from the outer edges of exterior walls, excluding exemptions as described in (A)(1),
below.
Total Floor Area = Sum of All Floors - Exemptions
(1) Exemptions. The following are not included in the total floor area:
(i)

Uncovered steps;

(ii) Attic space providing structural head room of less than 7 feet, 6 inches;
(iii) Terraces, breezeways, and open porches;
(iv) Enclosed automobile parking space provided for the use of occupants of the building,
in basements, or lower stories of the building;
(v) Basement or ground floor areas used for storage or the housing of mechanical
equipment;
(vi) Areas of penthouse for the housing of elevator machinery, cooling tanks or similar
equipment.

Section 4-3-2. Height.
(A) Intent. It is the intent of the height regulations of this Ordinance to secure safety, to provide light
and air, and to protect the character of districts and the interests of the public. No building shall
be erected, constructed, or altered to exceed the height limitations specified in the district
regulations set in this Ordinance.
(B) Measuring Height, Generally.
(1) Building height shall be measured, in feet, from the grade opposite the middle of the front
of the structure to the highest point of the coping if a flat roof, to the deck line of a mansard
roof, or to the mean height level between the eaves and ridge of a gable, hip, or gambrel
roof. 7 8

Editor’s Note: New division establishing how to determine and measure standards has been added.
Editor’s Note: Criteria for calculating total floor area is currently established in Article 11, Section 3(6)(b) for the
R-6 District. This language has been retained (with minor revisions for clarity) and applied to all districts for citywide consistency. New language for calculating FAR has been introduced.
7
Editor’s Note: This information is currently included in the definition of “Building, height of” in Article 3 of the
current Ordinance. For clarity, propose to move this information out of the definition and into this Article, and
add a graphic that helps visualize how height is measured for different types of roofs. Mansard roofs have been
added for additional measurement guidance.
8
Editor’s Note: Graphics/figures are still under development and will be added at a later date once finalized.
5
6

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
(i)

Grade is determined based on the lowest elevation along either the natural or
improved grade, whichever is more restrictive, along the façade of the structure that is
parallel to the front setback.
Figure 4-1. Measuring Height.

(C) Measuring Height in Floodplains.9
(1) For structures that are located in any floodplain or floodway district, as identified in
Chapter 58, Floods, of the City Code of Ordinances, the following applies:
(i)

Height shall be measured from 18 inches above the base flood elevation (BFE) for the
building site.

(ii) In cases where there is a ground floor enclosure below the BFE, height shall be
measured from the curb grade.
(D) Exemptions.10 The height limitations of this Ordinance shall not apply to:
(1) Agricultural buildings;
(2) Chimneys, flues, smokestacks, and associated equipment;
(3) Conveyors;
(4) Cooling towers;
Editor’s Note: The current Ordinance does not provide guidelines for how the height of structures in floodplains
is measured. As a best practice, propose measuring height from 18 inches above BFE, and connecting back to
Chapter 58 of the City Code of Ordinances for additional regulations.
10
Editor’s Note: Existing height exemptions currently included in Article 25, Section 2(1) of the Zoning Ordinance
have been retained, with some additional items introduced, including agricultural buildings, radio aerials and
television antennas, rooftop mechanical equipment, and Utility Service Major (e.g., power lines).
9

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
(5) Elevator bulkheads;
(6) Fire towers;
(7) Flagpoles;
(8) Monuments;
(9) Ornamental towers and spires;
(10) Parapet walls;
(11) Radio aerials or television antennas;
(12) Roof-top mechanical equipment screened by parapet walls; and
(13) Smokestacks;
(14) Spires, belfries, cupolas, gables, and domes;
(15) Stage towers or scenery lofts;
(16) Utility Service, Major.
(17) Water towers and tanks;

Section 4-3-3. Lot Coverage.
Lot coverage is the percentage of a lot area that is covered by principal and accessory buildings,
structures, and other impervious surfaces such as covered porches, roofed decks, garages, parking
lots, and driveways. Uncovered decks, stairs, and stoops projecting less than 3 ft. from the building
may be excluded.

Section 4-3-4. Lot Width.
Lot width shall be measured as the horizontal distance between the side lot lines, taken along the
front lot line.

Section 4-3-5. Required Setbacks and Lot Types.
(A) Required Setbacks.
(1) All lots shall have the following types of setbacks, as shown Table 4-3.
Table 4-3. Required Setbacks

Front
Side
Rear

INTERIOR LOTS

CORNER LOTS

THROUGH LOTS

1
2
1

2
1
1

2
2
0

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
(B) Measurement Methods.
(1) All Setback Types. Setbacks shall be measured in such a manner that the lot line and the
setback line are parallel to one another.
(2) Front Setbacks.
(i)

General. The front setback is the required distance from the front property line to
where a building can be placed, measured across the front of the lot between the side
property lines.

(ii) Interior Lots. Interior lots have one front setback line along the street frontage.
(iii) Through Lots. Through lots have two parallel front setbacks, one along each street
frontage.
(iv) Corner Lots. Corner lots have one front setback that is the shortest of the 2
perpendicular street frontages.
(a) If the street frontages are equidistant, then the front setback shall be determined
based on the location of the curb cut for the driveway, or as determined by the
Zoning Administrator.
(v) Through Corner Lots. Through corner lots have 2 front setbacks:
(a) One that is the shortest street frontage; and
(b) The other determined by the prevailing building pattern.
i.

If a prevailing building pattern has not been established, then the front
setback will be determined based on the prevailing lotting pattern.

ii.

If neither building nor lotting patterns exist, the lot front will be along the lot
frontage that is the narrowest.

iii.

If the lot frontages are equidistant, then the front setback will be determined
based on the location of the curb cut for the driveway, or as determined by
the Zoning Administrator.

(vi) Setback Averaging. The front setback of a lot may be the average of the front setbacks
within 300 ft. on either side of the lot, except that no front setback shall be required to
be greater than that required for the district in which the lot is located.
(a) To maintain the pattern of the neighborhood, if the adjacent lots are vacant, the
average(s) of the nearest developed lot(s) on the same side of the street shall be
used.

Draft Article 4 | Page 4-11

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Figure 4-2. Setback Averaging.

(3) Side Setback.
(i)

Side setbacks shall be the distance between the front and rear setbacks.

(ii) The setback depth is measured from the side lot line inward until the required distance
is met.
(iii) For residential lots with a frontage width of less than 50 ft., side setbacks may be
reduced to at least 10% of the lot’s average width. However, no side setback shall be
less than 3 ft. unless otherwise specified in this Article.11
(iv) For duplex or townhouse dwellings in which either single unit is individually owned,
there shall be no side yard setback required on the interior or common property line.
The exterior side yard setback shall be based upon the width of the lot frontage for the
entire two-unit structure.12
(4) Rear Setback.
(i)

The rear setback shall be measured between side setback lines.

(ii) The setback depth is measured from the rear lot line inward until the required distance
is met.

Editor’s Note: Provision is materially the same as what is included in Article 25, 3.1(6) of the current Zoning
Ordinance.
12
Editor’s Note: This provision will eventually be located to the draft Article 7, Use Performance Standards; it is
being kept in this Section for the time being and has also included clarification for townhouse dwellings.
11

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Figure 4-3. Example Lot.

Section 4-3-6. Build-To Zone.
(A) Required Façade in Build-To Zone. A minimum percentage of the building’s ground-story front
façade must be located within the Build-To Zone (BTZ), measured in relation to the lot width.
(1) The required façade shall be calculated as a percentage of the lot width and applies only
to the ground story of the building.
(2) Portions of the building frontage used for vehicular access (such as driveways or garage
entrances through the ground floor) shall not count toward the required façade percentage
within the BTZ.

Draft Article 4 | Page 4-13

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Figure 4-4. Build-To-Zone.

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Division 4. Residential District Standards.
Section 4-4-1. R-1A, Single Family Residence District.
(A) Establishment and Intent. The R-1A District is established to reflect existing suburban residential
development, primarily characterized by traditional single family dwellings on estate lots. Nonresidential uses should complement the existing residential living patterns and are restricted to
those that provide community-oriented amenities, services, and recreation. The R-1A District is
not intended to be expanded for future development; consolidation with the R-1 district is
appropriate.
(B) Limitations. No additional parcels shall be rezoned to R-1A after [effective date of Ordinance].13
(C) General District Standards.
Table 4-4. R-1A District Standards.
R-1A
LOT AREA (MIN) 14
All Lots

15,000 SF

All Lots

100’

Front
Side
Rear

35’
8’
30’

All Lots

70%

LOT WIDTH (MIN) 15
SETBACKS (MIN)

16

LOT COVERAGE (MAX)
HEIGHT (MAX)

17

Principal Structures
Accessory Structures

Feet
35’
15’

Stories
2.5
1

Editor’s Note: To streamline district standards and reduce redundant districts, it is proposed to limit any
expansion of the R-1A District. All parcels currently zoned R-1A will retain their existing zoning and associated
standards, including permitted uses and dimensional requirements, unless otherwise noted. New single-family
residential development at a suburban scale should generally occur in the R-1 District.
14
Editor’s Note: The existing minimum lot area of 15,000 SF has been retained.
15
Editor’s Note: The existing minimum lot width of 100 ft. has been retained.
16
Editor’s Note: The existing minimum front and rear setbacks have been retained. The minimum side setback
has been streamlined to an even 8 ft. on each side, which replaces the current requirement of 8 ft. minimum
with an aggregate of 20 ft.
17
Editor’s Note: The existing maximum height of 35 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced.
13

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-2. R-1, Single-Family Residence District.
(A) Establishment and Intent. The R-1 District is established to provide for residential development
where the predominant development pattern consists of single-family dwellings in a suburban
setting. Non-residential uses should complement the existing residential living patterns and are
restricted to those that provide community-oriented amenities, services, and recreation. The R1 District may appropriately be consolidated with the R-1A District.
Table 4-5. R-1 District Standards.
R-1
LOT AREA (MIN)

18

LOT WIDTH (MIN)

All Lots

8,000 SF

All Lots

50’

Front 20
Side 21
Rear 22

20’
10’
30’

All Lots

70%

19

SETBACKS (MIN)

LOT COVERAGE (MAX)
HEIGHT (MAX)
Principal Structures
Accessory Structures 24
23

Feet
35’
15’

Stories
2.5
1

Editor’s Note: The existing minimum lot area of 8,000 SF has been retained for R-1. This is to maintain
consistency with existing development patterns and to prevent unnecessary nonconformities.
19
Editor’s Note: Minimum lot width has been reduced from 75’ to 50’ to better accommodate existing lot widths
and neighborhood development patterns in the R-1 District.
20
Editor’s Note: The minimum front setback has been reduced from 35’ to 20’ to better accommodate existing
neighborhood development patterns in the R-1 District.
21
Editor’s Note: The minimum side setback has been streamlined to an even 10’, which replaces the current
requirement of 6’ minimum with an aggregate of 15’.
22
Editor’s Note: The minimum rear setback of 30’ has been retained.
23
Editor’s Note: The existing maximum height of 35’ for principal structures has been retained.
24
Editor’s Note: A maximum height of 15’ for accessory structures has been introduced.
18

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-3. R-2, Single Family Residence District.
(A) Establishment and Intent. The R-2 District is established to support existing single-family
residential neighborhoods while allowing for small-scale infill that is context-sensitive and
complements the surrounding neighborhood. Duplexes are appropriate infill or adaptive reuse
options, provided the physical appearance is consistent with the established character of
surrounding area. Non-residential uses should complement the existing residential living
patterns and are restricted to those that provide community-oriented amenities, services, and
recreation.
(B) General District Standards.
Table 4-6. R-2 District Standards.
R-2
LOT AREA (MIN)

25

Dwelling, Single Family
Dwelling, Duplex 26
Non-Residential Uses
LOT WIDTH (MIN) 27
Dwelling, Single Family
Dwelling, Duplex (side-by-side)
Dwelling, Duplex (stacked)
Non-Residential Uses
SETBACKS (MIN)
Front 28
Side 29
Rear 30
LOT COVERAGE (MAX)
All Lots
HEIGHT (MAX)
Principal Structures
Accessory Structures 32
31

2,500 SF
5,000 SF
5,000 SF
25’
50’
25’
50’
15’
5’
15’
65%
Feet
35’
15’

Stories
2.5
1

Editor’s Note: The existing minimum lot size of 5,000 SF has been retained for non-residential uses. Lot size
has been adjusted to 2,500 SF for single family dwellings to accommodate existing development patterns as
much as possible, which will allow for infill of many lots that are currently nonconforming.
26
Editor’s Note: Duplex dwellings have been introduced into the R-2 district to allow for some infill potential and
conversion of single family homes to 2 units, where appropriate. A lot size of 5,000 SF for duplexes has been
introduced.
27
Editor’s Note: Minimum lot width for residential uses has been reduced from 50’ to 25’ to better accommodate
existing lot widths in the R-2 District. A minimum width of 50’ has been retained for non-residential uses.
28
Editor’s Note: The minimum front setback has been reduced from 35’ to 15’ to better accommodate existing
neighborhood development patterns in the R-2 District.
29
Editor’s Note: The minimum side setback has been streamlined to an even 5’, which replaces the current
minimum requirement of 5’ with an aggregate of 12’.
30
Editor’s Note: The existing minimum rear setback of 25’ has been dropped to 15’.
31
Editor’s Note: The existing maximum height of 35’ for principal structures has been retained.
32
Editor’s Note: A maximum height of 15’ for accessory structures has been introduced.
25

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-4. R-3, Two-Family District.
(A) Establishment and Intent. The R-3 District is established to support residential neighborhoods
located in and around the downtown area, where housing is typically organized in a historic grid
pattern. The R-3 District accommodates a mix of housing types, including single-family homes,
townhouses, duplexes, triplexes, and quadplexes, promoting a walkable, neighborhood-scaled
environment. Infill and redevelopment opportunities should reinforce the urban form through
minimal setbacks and building forms that are consistent with the surrounding area. Nonresidential uses should complement the existing residential living patterns.
(B) General District Standards.
Table 4-7. R-3 District Standards.
R-3
LOT AREA (MIN)

33

Dwelling, Single Family
Dwelling, Duplex
Dwelling, Triplex or Quadplex 34
Dwelling, Townhouse
Non-Residential

2,500 SF
5,000 SF
5,000 SF
1,000 SF
5,000 SF

LOT WIDTH (MIN) 35
Dwelling, Single Family
Dwelling, Duplex (side-by-side)
Dwelling, Duplex (stacked)
Dwelling, Townhouse
Dwelling, Triplex or Quadplex (side-by-side)
Dwelling, Triplex or Quadplex (stacked)
Non-Residential
36
SETBACKS (MIN)
Front
Side (townhouse, interior)
Side (townhouse, end unit)
Side (single family, duplex, triplex, quadplex)
Rear
LOT COVERAGE (MAX)
All Lots

25’
50’
25’
18’
25’ per side-by-side unit
facing the street
30’
50’
0’
0’
5’
5’
15’
85%

Editor’s Note: Lot area has been reduced to better accommodate existing parcel sizes that are too small for
building a new home under the current Ordinance. Lot size for single family dwellings has been reduced from
5,000 SF to 2,500 SF; lot size for duplexes has been reduced from 6,000 SF to 5,000 SF.
34
Editor’s Note: Triplex and quadplexes have been introduced to allow for “missing middle” housing options in
residential areas and to encourage infill of vacant lots.
35
Editor’s Note: The existing lot widths of 50 ft. for single family dwellings and 60 ft. for duplexes have been
reduced as shown in Table 4-10 to better accommodate existing lot widths and facilitate infill of narrower lots.
36
Editor’s Note: Existing setbacks have been consolidated and streamlined to accommodate various dwelling
types. The front setback has been reduced from 35 ft. to 0 ft. to better accommodate existing development
patterns.
33

Draft Article 4 | Page 4-18

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Table 4-7. R-3 District Standards.
R-3
HEIGHT (MAX) 37
Principal Structures
Accessory Structures

Feet
35’
15’

Stories
2.5
1

Editor’s Note: The existing maximum height of 35 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced.
37

Draft Article 4 | Page 4-19

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-5. R-4, Multiple Dwelling District.
(A) Establishment and Intent. The R-4 District is established to facilitate low-to-medium intensity
multifamily development, such as garden-style apartments, stacked flats, and courtyard
apartments. This district is intended for areas with access to transit, services, and community
amenities, and may serve as a transition between traditional residential neighborhoods and
higher-intensity high-rise apartments, mixed-use areas, or commercial developments.
Development should promote a walkable, neighborhood-scaled environment through
pedestrian-friendly site design, modest setbacks, and building forms that reflect the
surrounding context. The R-4 District may appropriately be consolidated with R-5.
(B) General District Standards.
Table 4-8. R-4 District Standards.
R-4
LOT AREA (MIN) 38
Dwelling, Single Family
Dwelling, Duplex
Dwelling, Triplex or Quadplex
Dwelling, Townhouse
Dwelling, Multi-Family
Non-Residential
39
LOT WIDTH (MIN)
Dwelling, Single Family
Dwelling, Duplex (side-by-side)
Dwelling, Duplex (stacked)
Dwelling, Triplex or Quadplex (side-by-side)
Dwelling, Triplex or Quadplex (stacked)
Dwelling, Townhouse
Dwelling, Multi-Family
Non-Residential
SETBACKS (MIN) 40
Front
Side (interior)
Side (adjacent to street)
Rear
LOT COVERAGE (MAX)
All Lots

2,500 SF
5,000 SF
5,000 SF
1,000 SF
25,000 SF
5,000 SF
25’
50’
25’
25’ per side-by-side unit
facing the street
30’
18’
60’
50’
0’
10’
5’
10’
70%

Editor’s Note: Single family and duplex dwellings have been removed from R-4 to focus on smaller “missing
middle” multifamily buildings. A minimum lot size of 25,000 SF has been introduced. (High rise apartments will
continue to be permitted in the R-6 District.)
39
Editor’s Note: The minimum lot width has been streamlined to 50 ft. for all non-residential lots.
40
Editor’s Note: The front and side street setbacks have been reduced to allow for the associated build-to zone.
The rear setback of 25 ft. has been retained.
38

Draft Article 4 | Page 4-20

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Table 4-8. R-4 District Standards.
R-4
BUILD-TO ZONE 41
Minimum
Maximum
Primary Street
0’
20’
Side Street
5’
15’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN) 42
Primary Street
60%
Side Street
40%
43
HEIGHT (MAX)
Feet
Stories
Principal Structures
40’
3
Accessory Structures
15’
1

Editor’s Note: A build-to zone has been introduced to facilitate active facades that are appropriate in urban
settings.
42
Editor’s Note: The required façade in the build-to zone has been introduced.
43
Editor’s Note: The existing maximum height of 40 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced.
41

Draft Article 4 | Page 4-21

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-7. R-5, Multiple Dwelling District.
(A) Establishment and Intent. The R-5 District is established to reflect existing multifamily
development, along with some traditional single family and duplex dwellings. Non-residential
uses should complement the existing residential living patterns and are restricted to those that
provide community-oriented amenities, services, and recreation. While this district remains
suitable for properties currently zoned R-5, it is not intended to be expanded for future
development. Lower intensity multifamily development is appropriate in the R-4 District, while
high rise multifamily development is appropriate in the R-6 District.
(B) Limitations. 44 No additional parcels shall be rezoned to R-5 after [effective date of Ordinance].
(C) General District Standards.
Table 4-9. R-5 District Standards.
R-5
LOT AREA (MIN) 45
Dwelling, Single Family
Dwelling, Duplex
Dwelling, Multi-Family
Non-Residential
46
LOT WIDTH (MIN)
All Lots
47
SETBACKS (MIN)
Front
Side
Rear
LOT COVERAGE
All Lots
BUILD-TO ZONE
Minimum
Primary Street
0’
Side Street
0’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
Side Street

2,500 SF
5,000 SF
1 acre
5,000 SF
50’
35’
5’
25’
75%
Maximum
25’
25’
70%
50%

Editor’s Note: To streamline district standards and reduce redundant districts, it is proposed to limit any
expansion of the R-5 District. All parcels currently zoned R-5 will retain their existing zoning and associated
standards, including permitted uses and dimensional requirements, unless otherwise noted. New multifamily
development should occur in the R-4 or R-6 Districts.
45
Editor’s Note: Existing residential uses have been retained in the R-5 district to maintain consistency with
current standards and development patterns. The existing minimum lot size of 5,000 SF has been retained for
most uses; multifamily development has been streamlined to an even 1 acre minimum based on existing lot
sizes.
46
Editor’s Note: The existing minimum lot width of 50’ has been retained.
47
Editor’s Note: Existing setbacks have generally been retained. The minimum side setback has been
streamlined to an even 5 ft., which replaces the current requirement of 5 ft. minimum with an aggregate of 12 ft.
44

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Table 4-9. R-5 District Standards.
R-5
HEIGHT (MAX) 48
Principal Structures
Accessory Structures

Feet
45’
15’

Stories
3
1

Editor’s Note: The existing maximum height of 45 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced.
48

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-8. R-6, High Rise District.
(A) Establishment and Intent. The R-6 District is established to accommodate high-rise multifamily
residential development in a highly urban form. This district is intended for areas with strong
access to transit, commercial services, employment centers, and other urban amenities that
support compact, walkable development patterns. Non-residential uses should complement
residential living and contribute to the character of the surrounding area. The R-6 District
represents the highest-intensity residential zoning classification and is not intended for use in
suburban residential areas.
(B) General District Standards.
Table 4-10. R-6 District Standards.
R-6
LOT AREA (MIN)

49

LOT WIDTH (MIN)
SETBACKS (MIN)

All Lots

21,780 sq. ft.

All Lots

50’

Front
Side
Rear

0’
0’
20’

All Lots

90%

50

51

LOT COVERAGE (MAX)
BUILD-TO ZONE

52

Minimum
Front
0’
Side (street corner)
0’
53
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
Side Street
54
HEIGHT (MAX)
Principal Structures
Accessory Structures

Maximum
15’
15’
70%
50%
150’
25’

Editor’s Note: Single family and duplex dwellings have been removed from R-6 to focus on higher intensity
multifamily buildings. A minimum lot size of 1 acre has been introduced.
50
Editor’s Note: The minimum lot width of 50 ft. has been retained.
51
Editor’s Note: The front and side street setbacks have been reduced to allow for the associated build-to zone.
The rear setback of 20 ft. has been retained.
52
Editor’s Note: A build-to zone has been introduced to facilitate active facades that are appropriate in urban
settings.
53
Editor’s Note: The required façade in the build-to zone has been introduced.
54
Editor’s Note: The existing maximum height of 150 ft. for principal structures has been retained. A maximum
height of 25 ft. for accessory structures has been introduced.
49

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-9. RTH, Residential Townhouse District.
(A) Establishment and Intent. The RTH District is established to reflect existing residential
development patterns characterized by townhouse dwellings and other attached housing types.
Development in this district typically features shared walls and walkable block structures, with
a preference for rear-loading driveways and access aisles. While the RTH District remains
appropriate for areas currently zoned as such, it is not intended to be expanded for future
development; consolidation with the R-3, R-4, MXD-1, or MXD-2 Districts is appropriate.
(B) Limitations. No additional parcels shall be rezoned to RTH after [effective date of Ordinance]. 55
(C) General District Standards.
Table 4-11. RTH District Standards.
RTH
LOT AREA (MIN)
Dwelling, Townhouse
Non-Residential

1,000 SF
5,000 SF

Dwelling, Townhouse
Non-Residential

15’
50’

LOT WIDTH (MIN)56

SETBACKS (MIN)57
Front (to internal streets and sidewalks)
Front (to public right-of-way)
Side (interior unit)
Side (end unit to internal streets and sidewalks)
Rear
LOT COVERAGE (MAX)
All Lots
58
HEIGHT (MAX)
Principal Structures
Accessory Structures

15’
25’
0’
15’
30’
80%
35’
15’

Editor’s Note: Propose to limit further expansion of the RTH district; townhomes are still permitted in the R-3,
R-4, MXD-1, and MXD-2 Districts.
56
Editor’s Note: Minimum lot width for residential uses has been reduced from 75’ to 35’ (and 50’ for nonresidential uses) to better accommodate existing lot widths and neighborhood development patterns in the R-1
District.
57
Editor’s Note: Setbacks are generally retained from Article 12, Section 3, with the following revisions: Front
setback to the public right-of-way has been streamlined to 25 ft. End unit setbacks have been streamlined to 15
ft. from internal roads and sidewalks.
58
Editor’s Note: The existing maximum height of 35 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced.
55

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-4-10. RMH, Residential Mobile Homes District.
(A) Establishment and Intent. The RMH District is established to accommodate existing residential
communities consisting exclusively of manufactured homes. Development in this district
should promote a safe, attractive, and well-maintained living environment through appropriate
site design, internal circulation, and supportive amenities. While the RMH District remains
appropriate for existing manufactured home parks, it is not intended to be expanded to facilitate
new manufactured home parks.
(B) Limitations. No additional parcels shall be rezoned to RMH after [effective date of Ordinance]. 59
(C) General District Standards.
Table 4-12. RMH District Standards.
Individual Sites
LOT AREA (MIN)
Dwelling, Manufactured Home
Manufactured Home Park
LOT WIDTH (MIN) 61
Dwelling, Manufactured Home
Manufactured Home Park
SETBACKS
Front
Side
Rear
Minimum distance between
manufactured homes and individual
home site boundary 62
Minimum distance between
manufactured homes and buildings
within the park 63
Minimum distance of manufactured
home or building to a private street or
common areas within the park 64

Park Total

60

4,000 SF
10 acres
40’
200’
50’
25’
25’
7½’
15’
15’

Editor’s Note: Propose to limit any future expansion of the RMH district, and ultimately limit any new
manufactured home parks. It is noted that single manufactured homes on individuals lots must be permitted in
the Agricultural District per state code requirements.
60
Editor’s Note: Minimum lot areas of 4,000 SF for individual home sites and 10 acres for total park site are
retained from Article 7-A, Section 7(3)(a).
61
Editor’s Note: Minimum lot widths of 40 ft. for individual home sites and 200’ for total park site are retained
from Article 7-A, Section 2(d).
62
Editor’s Note: Minimum distance of 7½ ft. between a manufactured home and the individual home site
boundary has been retained from Article 7-A, Section 8(3).
63
Editor’s Note: Minimum distance of 15 ft. between homes and buildings has been retained from Article 7-A,
Section 8(3).
64
Editor’s Note: Minimum distance of 15 ft. between homes and buildings to an internal street has been retained
from Article 7-A, Section 8(3); this now also applies to common areas.
59

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
Table 4-12. RMH District Standards.
Individual Sites
HEIGHT (MAX) 65
Dwelling, Manufactured Home
Other Principal Structures
Accessory Structures

Park Total
20’
35’
15’

(D) Additional Standards. 66
(1) The number and location of access drives shall be subject to approval by the Director of
Public Works and shall be designed to ensure traffic safety and minimize impacts on
surrounding properties. No individual manufactured home space shall have direct access
to a public street outside the boundaries of the park. Interior access drives shall be properly
lighted, hard-surfaced, and maintained at a minimum width of 24 ft., within a right-of-way
of at least 50 ft., in accordance with applicable state highway specifications and local
ordinances.
(2) Each manufactured home site shall be provided with individual water and sewer
connections to central sewer and water systems. Such water and sewer facilities shall be
subject to the approval of, and inspection by, the public works department, department of
inspections, and the state health department, and may be either public facilities or
privately owned sewer and water systems, but in either case shall be designed to serve the
entire manufactured home park.
(3) Each individual manufactured home site shall be permitted 1 awning or porch and 1
storage building, provided that no portion of these structures is located closer than 5 ft. to
the boundaries of the site.
(4) Management offices, community buildings, recreational facilities, laundry facilities, and
other on-site amenities incidental to the operation of the manufactured home park are
permitted as accessory uses, provided such establishments: 67
(i)

Shall be restricted in their use primarily to occupants of the park;

(ii) Shall present no visible evidence of their commercial character which would attract
customers primarily other than occupants of the park.
(5) A minimum of 100 SF of recreational open space shall be provided per manufactured home
site, and no recreational area shall be less than 5,000 SF.
(6) One (1) sign is permitted per manufactured home park, with a maximum size of 32 SF.

Editor’s Note: Maximum height for manufactured homes has been increased from 15 ft. to 20 ft. to better
account for skirting and roof pitch. Maximum height of 35 ft. has been retained for other buildings (e.g.,
community buildings, offices, etc.). A maximum height of 15’ ft. has been established for accessory buildings.
66
Editor’s Note: Additional standards are retained from Article 7-A, with minor revisions for readability or clarity.
67
Editor’s Note: Provision limiting community buildings and recreational amenities to 10% of the total park area
has been removed; this is to allow opportunities for more recreational areas and community services.
65

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(7) Corners of each manufactured home site shall be visibly marked and numbered by a
permanent marker.
(8) No more than 1 manufactured home shall be parked per home site.
(9) At least 1 off-street parking space shall be provided on each mobile home site in a mobile
home park and, in addition, off-street parking spaces for automobiles shall be provided in
the ratio of ½ space per mobile home, in locations convenient to groups of homes. No
parking shall be permitted on the street.

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Division 5. Commercial District Standards.
Section 4-5-1. B-1, Shopping Center District.
(A) Establishment and Intent. The B-1 District is established to accommodate a range of
commercial uses, including retail, personal services, offices, and dining establishments. While
the B-1 District traditionally supported shopping center development, it is also intended to
provide flexibility for adaptive reuse, infill, and redevelopment of aging or underutilized
commercial properties. Development and redevelopment within the B-1 District should be
pedestrian-friendly, compatible with nearby neighborhoods and shopping areas, and designed
to promote attractive and efficient commercial environments through coordinated site planning
and building design.
(B) General District Standards.
Table 4-13. B-1 District Standards.
B-1
LOT AREA (MIN)

68

All Lots

25,000 SF

All Lots

100’

All Lots

70%

Front
Side
Rear

10’
10’
20’

Front
Side; Rear

30’
None

HEIGHT (MAX) 71
Principal Structures (max)
Accessory Structures (max)

45’
15’

LOT WIDTH (MIN)

69

LOT COVERAGE (MAX)
SETBACKS (MIN)

70

SETBACKS (MAX)

Editor’s Note: The minimum lot size has been reduced from 2 acres to 25,000 SF based on existing lot sizes in
the B-1 district.
69
Editor’s Note: A minimum lot width of 100 ft. has been introduced based on existing lot sizes.
70
Editor’s Note: Existing front and rear setbacks have been retained. A side setback of 10 ft. has been
introduced.
71
Editor’s Note: A maximum height of 45 ft. for principal structures and 15 ft. for accessory structures have been
introduced.
68

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Section 4-5-2. B-2, General Commercial District.
(A) Establishment and Intent. The B-2 District is established to recognize existing commercial uses
and to provide an opportunity to expand these and other similar commercial uses and
development. It is also intended to encompass the expanding commercial areas of B-1. The
district should accommodate a range of retail, personal service, and office uses and provide for
the convenience and day-to-day needs of both local and regional residents. Development
should be highly attractive and accessible, and when situated along a principal highway, should
avoid the routing of traffic onto minor streets or through residential areas.
(B) General District Standards.
Table 4-14. B-2 District Standards.
B-2
LOT AREA (MIN)

72

LOT WIDTH (MIN)

LOT COVERAGE (MAX)
SETBACKS (MIN)

All Lots

2,500 SF

All Lots

25’

All Lots

60%

Front
Side
Rear

5’
5’
25’

Front
Side
Rear

15’
15’
None

73

74

75

SETBACKS (MAX)

HEIGHT (MAX) 76
Principal Structures
Accessory Structures

Feet
45’
15’

Stories
3
1

Editor’s Note: The existing minimum lot size of 5,000 SF has been retained.
Editor’s Note: The existing lot width of 50 ft. has been retained.
74
Editor’s Note: A maximum lot coverage of 60% has been introduced.
75
Editor’s Note: A front setback of 20’ has been introduced. Side and rear setbacks have been retained and
clarified as 5 ft. and 25 ft., respectively.
76
Editor’s Note: The existing maximum height of 45 ft. has been retained. A maximum height of 15 ft. has been
introduced for accessory structures.
72
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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-5-3. B-3, Central Commercial District.
(A) Establishment and Intent. The B-3 District is established to provide a traditional downtown with
a mix of uses and services. This district should have both new and infill development that fits
the scale, design, and character of the surrounding area. Land uses should include a mix of
retail, office, service, entertainment, and hotel uses, as well as introduce and expand upperfloor residential uses that contribute to tourism activity and the economic vitality of the area.
Natural features, pedestrian and bicycle infrastructure, and public transportation stops should
be integrated into all development. Historic street grid and architectural patterns should be
preserved to the extent possible.
(B) General District Standards.
Table 4-15. B-3 District Standards.
B-3
LOT AREA (MIN) 77
All Lots

No minimum

All Lots

No minimum

All Lots

90%

Front
Side
Rear (not adjacent to Residential District)
Rear (adjacent to Residential District)
BUILD-TO ZONE 81

0’
0’
0’
20 ft.

LOT WIDTH (MIN) 78
LOT COVERAGE (MAX) 79
SETBACKS (MIN) 80

Front
Side (street corner)
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN) 82
Primary Street
Side Street
HEIGHT (MAX) 83
Principal Structures
Accessory Structures

Minimum
0’
0’

Maximum
5’
5’
80%
40%

Feet
90’
15’

Stories
8
1

Editor’s Note: Lot area is not currently specified; this has been retained.
Editor’s Note: Lot width is not currently specified; this has been retained.
79
Editor’s Note: A maximum lot coverage of 80% has been introduced.
80
Editor’s Note: Front and side setbacks have been reduced to 0 ft. to facilitate the build-to zone. Rear setback of
20 ft. when adjacent to residential has been retained.
81
Editor’s Note: A build-to zone has been introduced to facilitate active facades that are appropriate in urban
settings.
82
Editor’s Note: The required façade in the build-to zone has been introduced.
83
Editor’s Note: Existing maximum height of 90 ft. has been retained. Maximum height of 15 ft. for accessory
structures has been introduced.
77
78

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Draft Article 4 – Primary Zoning Districts

Division 6. Mixed-Use District Standards.
Section 4-6-1. RB, Office-Apartment.
(A) Establishment and Intent. The RB District is established to provide for low-intensity office
complexes that offer professional and administrative services in a setting that complements
limited high-density residential uses. The district is intended to promote smaller-scale officeoriented developments with minimal traffic impact and a smaller building footprint, limiting
impacts on neighborhoods. The permitted high-density residential uses shall primarily be
intended to serve the employees of such professional and office uses, such as apartments,
condominiums, and live-work units.
(B) General District Standards.
Table 4-16. RB District Standards
RB
LOT AREA (MIN)
All Lots

5,000 SF

LOT WIDTH (MIN)84
Residential Lots
Non-Residential Lots

35’
50’

Front
Side
Rear

0’
5’
25’

SETBACKS (MIN)

BUILD-TO ZONE
Minimum
Front
0’
Side Street
5’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
Side Street
HEIGHT (MAX)
Principal Structures
Accessory Structures

Maximum
15’
10’
80%
50%
45’
15’

(C) Additional Standards.85 The following shall apply for all non-residential uses in RB:
(1) No advertising signs or devices are allowed on the lot, building, or in any exterior doors or
windows, except that each business or professional office may have one wall sign in
compliance with Article 8, Community Development Standards, of this Ordinance.

Editor’s Note: Minimum lot width for residential uses has been reduced from 75’ to 35’ (and 50’ for nonresidential uses) to better accommodate existing lot widths and neighborhood development patterns in the R-1
District.
85
Editor’s Note: Standards retained from Article 13, Section 2(2) of the current Zoning Ordinance, but
reorganized for clarity.
84

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(2) Buildings may not be constructed or altered to include storefronts, show windows, or
display windows.
(3) No merchandise may be displayed in windows or doors, and no merchandise may be
stored inside the building or on the premises.
(4) Only machinery or equipment typically used in professional or business offices may be
used or stored in the building or on the lot.
(5) Required off-street parking shall be located behind the building or, on corner lots, within
the side yard area that lies behind the extension of the building’s front line.
(i)

Parking is not allowed adjacent to the street.

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-6-2. MXD-1, Mixed Use District.
(A) Establishment and Intent. The MXD-1 District is established to provide a mix of low-intensity
office, light commercial, and residential uses that serve as a transition between suburban
neighborhoods and more intensive commercial areas. Appropriate residential uses include
single family dwellings, duplexes, and small-scale apartment complexes designed in a gardenstyle or courtyard configuration. Office uses should be limited to small-scale professional or
administrative services that are compatible with nearby homes. Light commercial uses should
be those that support the residents of surrounding areas. Development should reflect a
walkable, neighborhood-scale character, with buildings designed to complement the
surrounding residential character.
(B) General District Standards.
Table 4-17. MXD-1 District Standards. 86
MXD-1
LOT AREA (MIN)
Dwelling, Townhouse
All Other Residential and
Non-Residential Uses
LOT WIDTH (MIN)
Dwelling, Townhouse
All Other Uses
LOT COVERAGE (MAX)
All Lots
SETBACKS (MIN)
Front
Side
Rear
BUILD-TO ZONE

1,000 SF
5,000 SF
18’
50’
60%
0’
0’
20’

Minimum
Maximum
Front
0’
10’
Side (street corner)
0’
10’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
60%
Side Street
30%
HEIGHT (MAX)
Feet
Stories
Principal Structures
45’
3
Accessory Structures
15’
1.5

86

Editor’s Note: All new standards are proposed for MXD-1.
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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts

Section 4-6-3. MXD-2, Mixed Use District.
(A) Establishment and Intent. The MXD-2 District is established to provide a broad range of
opportunities for residential living and commercial development in a compact and walkable
setting. A range of residential housing types are permitted, including duplexes, triplexes,
quadplexes, townhomes, garden-style apartments, and upper-story apartments within mixeduse structures. Commercial uses that directly serve neighborhood residents such as personal
services, day care, and small shops, as well as hospitality-oriented commercial uses such as
restaurants, shops, and boutique hotels are envisioned in this district, provided such uses are
compact, pedestrian-oriented, and complementary to the character of the surrounding area.
Development should seek to either creatively integrate neighborhood-oriented open space,
such as pocket parks or community gardens, or provide walkable access to existing open space
amenities.
(B) General District Standards.
Table 4-18. MXD-2 District Standards. 87
MXD-2
LOT AREA (MIN)
All Lots

No Minimum

All Lots

No Minimum

All Lots

60%

Front
Side
Rear

0’
0’
20’

LOT WIDTH (MIN)
LOT COVERAGE (MAX)
SETBACKS (MIN)

BUILD-TO ZONE
Minimum
Maximum
Front
0’
10’
Side (street corner)
0’
10’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
70%
Side Street
40%
HEIGHT (MAX)
Feet
Stories
Principal Structures
60’
5
Accessory Structures
15’
1

87

Editor’s Note: All new standards are proposed for MXD-2.
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Draft Article 4 – Primary Zoning Districts

Section 4-6-4. MXD-3, Mixed Use District.
(A) Establishment and Intent. The MXD-3 District is established to support a mix of commercial and
light industrial uses in a compact, walkable, and adaptable development pattern. Intended
uses include larger-scale retail, event venues, employment centers, research and development,
light manufacturing, and logistics, all integrated into a cohesive urban form. Residential uses
are not permitted. Development should reflect a town center character, incorporating open
space, pedestrian and bicycle infrastructure, and civic features such as plazas or greens.
Buildings should define the public realm, with parking located on-street or to the rear. This
district is suited for larger parcels along major transportation corridors and other strategic
locations within the city.
(B) General District Standards.
Table 4-19. MXD-3 District Standards. 88
MXD-3
LOT AREA (MIN)
All Lots

No Minimum

All Lots

75’

All Lots

80%

Front
Side (interior)
Side (street corner)
Rear

0’
0’
0’
25’

LOT WIDTH (MIN)
LOT COVERAGE (MAX)
SETBACKS (MIN)

BUILD-TO ZONE
Minimum
Maximum
Front
0’
20’
Side
0’
15’
REQUIRED FAÇADE IN BUILD-TO ZONE (MIN)
Primary Street
80%
Side Street
50%
HEIGHT (MAX)
Principal Structures
75’
Accessory Structures
25’

88

Editor’s Note: All new standards are proposed for MXD-3.
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Draft Article 4 – Primary Zoning Districts

Section 4-6-5. ERC, Entertainment and Resort Casino District.
(A) Establishment and Intent. The Entertainment and Resort Casino (ERC) District establishes
standards and conditions for the development and operation of an entertainment and/or casino
gaming establishment including accessory uses while promoting the public, health, safety, and
general welfare to ensure development is compatible with existing and future land uses.
Because of the special characteristics of the uses permitted within the ERC District, in
particular casino gaming establishments, the purpose of this district is to provide flexibility in
parking, signage, exterior lighting, building heights, setbacks, and other standards not typically
permitted elsewhere in the city.
(B) Where the standards governing the ERC District expressly conflict with any other provision of this
Ordinance, the standards governing the ERC District shall control, unless expressly stated
otherwise in the ERC District regulations.
(C) General District Standards.
Table 4-20. ERC District Standards.
ERC
DISTRICT SIZE (MIN) 89
District

75 acres

All Lots

None

All Lots

None

LOT WIDTH (MIN)
LOT COVERAGE (MAX)
DENSITY (MAX) 90
Dwelling, Multi-Family
SETBACKS (MIN)91
Front
Side
Rear (adjacent to ERC District)
Rear (adjacent to any other District)
HEIGHT (MAX)92
All Structures, except as provided below
Hotel
Office, General
Dwelling, Multi-Family
Parking Structures

40 units/acre
0’
0’
0’
25’
Feet
400'

Stories
-

400’

30

100’

8

(D) Residential Calculations. Density shall be calculated for each separate ERC District based upon
the entire acreage located within such ERC District.

Editor’s Note: District size of 75 acres is retained from Article 18.4, Section 3(1).
Editor’s Note: Density of 40 units/acre is retained from Article 18.4, Section 4(1).
91
Editor’s Note: Setbacks are retained from Article 18.4, Section 4(4).
92
Editor’s Note: Maximum heights are retained from Article 18.4, Section 4(2).
89
90

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Draft Article 4 – Primary Zoning Districts
(1) With respect to the total number of multiple-family dwelling units permitted for an ERC
District hereunder, there shall be no limitation as to how many of such units may be located
on each parcel within the ERC District (regardless of any subsequent subdivision or lot
consolidation), but the total number of units throughout the ERC District shall not exceed
3,000 units.
(E) Access. Vehicular or pedestrian access for each lot shall be provided through a perpetual,
unobstructed easement.
(F) Parking.
(1) Development in the ERC District shall not be subject to the standards Article 8, Division 9,
with the exception that the following does apply:
(i)

All off-street parking shall be concrete, asphalt, pavers, brick, or porous pavement
approved for use by the Department of Planning and Community Development.

(ii) All parking lots, regardless of the number of spaces, must have individual spaces
marked. Such spaces shall be laid out on the parking surface with paint or plastic
stripping which shall provide a permanent delineations between spaces. Spaces
should be arranged so that any maneuvering directly incidental to entering or leaving
a parking space shall not be on any public street, alley or walkway.
(iii) Landscaping, buffer, and screening requirements for parking lots shall apply in
accordance with Article 8, Divisions 5, 6, and 7.
(iv) Additional parking requirements may be imposed for uses requiring a SUP.
(2) Off-street, surface parking lots shall have a minimum landscaped area equal to at least
10% of the paved area of the lot. No more than 15 consecutive parking spaces may be
provided without a landscape interior island. A landscape median island must be provided
for every 6 rows of single parking spaces. Median islands must be at least 6 ft. wide. Within
median islands, walkways at least 4 ft. wide must be provided to connect such parking to
sidewalks/walkways and to building entrances.
(3) Street-facing facades of parking structures shall:
(i)

Be designed to be compatible with the principal building in terms of architectural style,
texture, and quality; and

(ii) Be screened at ground level by architectural and/or landscape screening. All nonstreet facing sides of parking structures, when not built to a zero set back on the
property line, shall have a continuous minimum 10 ft. wide landscaped strip between
the structure and said property line, except at vehicular and pedestrian access
openings.
(G) Exterior Lighting. Development in an ERC District, in particular casino gaming establishments,
has unique needs for exterior lighting that require flexibility and would not typically be permitted
in other areas of the city. Therefore, the ERC District shall not be subject to the standards of
Article 8, Division 10, of this Ordinance; in lieu, the following applies:

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Draft Article 4 – Primary Zoning Districts
(1) Exterior lighting must comply with state and federal regulations and must not interfere with
any public roadways.
(2) Exterior lighting must comply with Code of Virginia Ch. 12, Title 33.2.
(3) Notwithstanding any provision of the City Code to the contrary:
(i)

Upwardly directed lighting may be used to illuminate buildings, structures, and
landscaping in the ERC District, provided the lighting does not spillover onto adjacent
residential uses.

(ii) Awnings or canopies used for building accents over doors, windows, etc., may be
internally illuminated (i.e. from underneath or behind the awning) in the ERC District.
(4) Searchlights operated within the ERC District must comply with the following regulations:
(i)

Searchlights must not be operated so as to constitute a traffic hazard or a nuisance.

(ii) Searchlights must be so operated as to avoid directing the beam at any building.
(iii) Searchlights must be so operated as to avoid directing the beam onto any adjacent
property.
(iv) Searchlight beams must not be displayed at an angle greater than 45 degrees from the
perpendicular.
(v) Searchlights must not operate between 12:00 a.m. midnight and 5:00 p.m.
(H) Signs. Development in the ERC District, in particular casino gaming establishments, will have
unique needs for signage that require flexibility and would not typically be permitted in other
areas of the city. Therefore, the ERC District shall not be subject to the standards of Article 8,
Division 9, of this Ordinance; in lieu, the following applies:
(1) There shall be no restrictions on the type, amount, or size of signage in the ERC District for
the following uses:
(i)

Casino Gaming Establishment;

(ii) Uses under common ownership or control (including affiliated entities) with Casino
Gaming Establishment, including but not limited to the following:
(a) Hotel;
(b) Entertainment Venue/Banquet Hall;
(c) Retail Store, Large or Small;
(d) Office, General;
(e) Restaurant (all types); and
(f)

Convention Center.

(2) Signage for the aforementioned uses shall require permitting as required in Article 8,
Division 9 except that multiple signs can be approved on a single permit. Such sign permits
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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
shall be approved unless proposed signage poses a threat to public health, safety, or
general welfare.
(i)

All other uses in the ERC District shall be subject to the signage regulations set forth
in Article 8, Community Development Standards, of this Ordinance.

(3) All signage in the ERC District shall comply with applicable state and federal regulations,
and the signs prohibited in Code of Virginia § 33.2-1216 are prohibited in the ERC District.
(I) Noise. In lieu of any other noise regulations contained in the City Code (including, without
limitation, those set forth under Chapter 50, Article II), the following noise regulations shall
apply to all activities, operations, or sources within the ERC District:
(1) The exterior noise limits for any source of noise in any ERC District cannot exceed 85 dBA
between 9:00 a.m. and 12:00 a.m. midnight, when measured at the property line of a
residential use.
(2) The exterior noise limits for any source of noise in any ERC District must be reduced
between 12:00 a.m. midnight and 9:00 a.m. so that when measured at the property line of
a residential use the noise does not exceed 72 dBA.
(J) Buffers. A minimum 15 ft. wide landscaped buffer must be provided along any property line
abutting property not located within an ERC District, utilizing natural vegetation and topography
when possible or, when natural vegetation cannot be utilized, live grass, shrubs, hedges, trees
and other landscaping materials, as approved by the Director of Planning and Community
Development. Driveways, utility easements, signage, and sidewalks are allowed to encroach
into the landscaped buffer. With respect to any portion of an ERC District having frontage along
Interstate 95 or associated on/off ramps, the landscaped buffer shall be required for only 60%
of such frontage provided that no single expanse without buffer meets the entirety of the 40%
allowable.
(K) Public Open Space Regulations.
(1) Five percent (5%) of the total development area included within each ERC District must
consist of “open/amenity space”, which shall include but not be limited to: plazas, green
spaces, landscaped areas, natural preservation areas meeting the requirements of Article
8, Division 4, green roofs, water amenities, pedestrian walkways, pedestrian facilities, or
other similar features.
(2) Above-ground stormwater drainage and/or retention facilities shall be considered as
open/amenity space, provided the design incorporates landscaping, recreational
elements, and/or public access features that enhance the aesthetic and functional value
of the space, creating a usable community asset. Such elements or features may include
pedestrian walkways, fountains, benches, supplemental plantings or other similar
improvements.
(3) There shall be no minimum open/amenity space requirement for the development of
individual parcels within the ERC District (regardless of any subsequent subdivision or lot
consolidation), and compliance with this Section shall be determined based upon the

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entire development area located within the ERC District. Open/amenity space features
should not be limited to a single location within the ERC District.
(4) Streets are not to be considered in the calculation of open/amenity space. Plans for
open/amenity space shall be submitted with the site plan for review by the Department of
Planning and Community Development.
(L) Street Regulations.
(1) Streets onto which buildings front and streets that serve as the primary corridors into the
community shall provide sidewalks at least 5 ft. wide, with pedestrian scale lighting, native
trees, and amenities such as seating, trashcans, and bicycle racks. Street sections must
be submitted with the site plan to ensure compliance with this code.
(2) A 10 ft.-wide area must be provided along each public or private roadway within an ERC
District, which area will accommodate the listed amenities in (J)(1), above, and will be
developed concurrently with the adjacent roadway.
(3) Blocks shall not exceed 2,400 linear ft. Enhanced pedestrian pathways can be utilized to
break down blocks such as a wide promenade with art, landscaping, seating, and lighting.
(4) Prior to the issuance of final site plan approval for a permanent Casino Gaming
Establishment, a Traffic Impact Analysis (TIA) for such permanent Casino Gaming
Establishment shall be completed. Any traffic improvements to City rights-of-way
recommended by the TIA as the result of traffic generated by the permanent Casino Gaming
Establishment shall be completed to the satisfaction of the City Engineer prior to the
issuance of a final certificate of occupancy for the permanent Casino Gaming
Establishment, unless the City Engineer approves a phasing plan that permits the
construction of a portion of such improvements after the issuance of a final certificate of
occupancy. Nothing in this Section shall preclude the issuance of a temporary certificate
of occupancy prior to the completion of any improvements required hereunder.
(M) Additional Requirements.
(1) All building exteriors must be clad in durable materials, to include, but not limited to,
architectural block, brick, natural stone, fiber cement/concrete, stucco, and architectural
metal cladding. Vinyl siding/cladding is prohibited as an exterior building material.
(2) All dumpsters that are visible from a public road must be fully screened. The screening
structure must consist of a masonry unit design enclosure and/or materials to match the
adjacent building and a metal gate(s) that screens the view of the dumpster.
(3) Any sound barriers developed within this district shall be enhanced with architectural
treatment, murals, or other treatment approved by the Director of Planning and Community
Development in a manner which shall be architectural to provide interest and approximate
human scale.
(4) Within each ERC District, right-of-way shall be provided by the property owner(s) upon
request of the City in a mutually agreeable location for the installation of up to 2 bus stops.
The City may construct improvements associated with such bus stops at its own cost and
expense.
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(N) Temporary Casino Structures.
(1) Temporary casino structures and any associated site improvements which will be removed
or redeveloped following construction of the permanent casino gaming establishment,
including but not limited to streets and parking areas, shall be exempt from the site
standards outlined in the following portions of this article:
(i)

Section 4-6-5(F)(2);

(ii) Section 4-6-5(J);
(iii) Section 4-6-5(K);
(iv) Section 4-6-5(L); and
(v) Section 4-6-5(M)(1), (2), and (3).
(2) In lieu of meeting the standards outlined above, the temporary casino site shall include
temporary site improvements to enhance aesthetics and guest experience. These
improvements may include, but are not limited to, planters with greenery around the tent
and within the parking lots, temporary art installations, string lighting, and other decorative
elements as approved by the Department of Planning and Community Development. All
temporary improvements shall be maintained in good condition for the duration of the
casino's operation and removed upon cessation of activities.
(O) Modifications. City Council may grant modifications to the density, buffering, landscaping, yard,
or other requirements of the ERC District for individual projects or lots within the ERC District
following a public hearing process in accordance with Article 3, Permits and Applications, of
this Ordinance.

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Division 7. Industrial District Standards.
Section 4-7-1. M-1, Light Industrial District.
(A) Establishment and Intent. The M-1 District is established to provide sufficient space in
appropriate locations for less intense industrial uses, such as research facilities, wholesale,
warehousing, light industrial, and heavy commercial uses. The uses in this district should be
buffered from daily services and residences. Uses should occur mostly in enclosed buildings or
be screened from view, and activities should not create a danger to health and safety in
surrounding areas, nor create off-site noise, vibration, smoke, dust, lint, odor, heat, or glare.
(B) General District Standards.
Table 4-21. M-1 District Standards.
M-1
LOT AREA (MIN) 93
All Lots

10,000 SF

All Lots

30’

All Lots

80%

Front
Side (adjacent to Residential District)
Side (adjacent to Non-Residential District)
Rear (adjacent to Residential District)
Rear (adjacent to Non-Residential District)
HEIGHT (MAX)* 97

0’
10’
0’
10’
0’

LOT WIDTH (MIN) 94
LOT COVERAGE (MAX) 95
SETBACKS 96

Principal Structures (adjacent to Residential District)
Principal Structures (adjacent to Non-Residential District)
Accessory Structures

Feet
35’
75’
25’

Stories
2.5
6
1.5

*The maximum height for all principal structures may be increased up to 50%, provided all setbacks are
increased 1 ft. for every 1. ft. increase in height above the maximum.

Editor’s Note: A minimum lot area is not currently specified for the M-1 District. A minimum lot area of 10,000
SF has been introduced.
94
Editor’s Note: A minimum lot width is not currently specified for the M-1 District. A minimum lot width of 30’
has been introduced.
95
Editor’s Note: A maximum lot coverage of 80% has been introduced.
96
Editor’s Note: Setbacks, including distinctions when located next to a residential district, have been retained
from Article 22.
97
Editor’s Note: Maximum height, including distinctions when located next to a Residential District, have been
retained from Article 22. Accessory structure height has been introduced.
93

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Section 4-7-2. M-2, Heavy Industrial.
(A) Establishment and Intent. The M-2 District is established to encourage and provide for largescale manufacturing operations in appropriate areas that are fully separated from daily services
and residences. The uses in this district may include outside storage, noise, smoke, or odor,
which shall be mitigated with industry best practice for the compatibility of the surrounding area
and the preservation of the environment.
(B) General District Standards.
Table 4-22. M-2 District Standards.
M-2
LOT AREA (MIN)

98

All Lots

1 acre

All Lots

100’

All Lots

80%

Front
Side (adjacent to Residential)
Side (adjacent to Non-Residential)
Rear (adjacent to Residential)
Rear (adjacent to Non-Residential)

0’
25’
0’
25’
0’

LOT WIDTH (MIN) 99
LOT COVERAGE (MAX) 100
SETBACKS (MIN) 101

HEIGHT (MAX) 102
Principal Structures (adjacent to Residential)
Principal Structures (adjacent to Non-Residential)
Accessory Structures

Feet
50’
125’
25’

Stories
4.5
8
2

*The maximum height for all principal structures may be increased up to 50%, provided all setbacks are
increased 1 ft. for every 1. ft. increase in height above the maximum.

Editor’s Note: A minimum lot area is not currently specified for the M-2 District. A minimum lot area of 1 acre
has been introduced.
99
Editor’s Note: A minimum lot width is not currently specified for the M-2 District. A minimum lot width of 100’
has been introduced.
100
Editor’s Note: A maximum lot coverage of 80% has been introduced.
101
Editor’s Note: Setbacks, including distinctions when located next to a residential district, have been retained
from Article 22.
102
Editor’s Note: Maximum height provisions in M-2 have been simplified to a base maximum height of 75 ft.,
with increased heights possible if setbacks are increased accordingly.
98

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Division 8. Planned District Standards.
Section 4-8-1. PUD, Planned Unit Development District.
(A) Establishment and Intent.
(1) The intent of Planned Development Districts is to encourage innovative and efficient land
use planning and physical design on large, unified sites. Planned Development Districts are
intended to:
(i)

Achieve a high quality of development while protecting environmentally sensitive
areas;

(ii) Provide a well-integrated mix of non-residential and recreation uses with various
residential dwelling types to achieve a walkable, connected neighborhood;
(iii) Allow more efficient use of land through coordinated networks of streets, utilities, and
pedestrian connections, both within the development and to adjacent development;
(iv) Encourage the provision of accessible and useable open space and recreational
amenities within the development;
(v) Promote development forms and patterns that respect the character of established
surrounding neighborhoods and other land uses; and
(vi) Promote development patterns that complement a site’s natural and man-made
features, such as rivers, lakes, wetlands, floodplains, trees, and historic and cultural
resources.

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(B) General District Standards.
Table 4 -23. PUD District Standards

. 103
PUD

DISTRICT AREA (MIN)
Contiguous District Area

2 acres104

LOT AREA (MIN)
All Lots

None

All Lots

None

All Lots

60%

LOT WIDTH (MIN)
LOT COVERAGE (MAX)
SETBACKS
As shown on approved Concept Plan
DISTANCE BETWEEN BUILDINGS (MIN) 105
All Buildings
15’
BUILD-TO ZONE
As shown on approved Concept Plan
HEIGHT (MAX)
Dwelling, Multi-Family
80’
All Other Residential Structures
35’
Non-Residential Structures; Vertical Mixed-Use
50’
COMMERCIAL AREA (MAX)
Commercial Area 20% of total development area

(C) Administration. 106
(1) Planned Development districts shall be established by amendment to the Zoning Map, in
accordance with Article 3, Permits and Applications, of this Ordinance.
(i)

A Concept Plan shall be required in accordance with Section 3-1-5.

Editor’s Note: The current Ordinance does not include standards for PUD development; the dimensional
standards in the table are therefore introduced based on comparable districts in other Virginia localities and can
be further amended by staff as desired.
104
Editor’s Note: Article 26, Section 2 of the current Ordinance provides a 10-acre lot minimum for PUD districts,
which can be waived in certain circumstances. However, this minimum district size is quite high for a urban
context; propose reducing to 2 acres. This is because there are several vacant lots in Petersburg between 2-5
acres that are already zoned PUD; therefore, this would help facilitate by-right development.
105
Editor’s Note: While setbacks, lot area, and lot width can all be determined at the Concept Plan stage,
establishing a minimum distance between buildings is a best practice to prevent overcrowding and to facilitate
emergency vehicle/law enforcement access in an emergency. The distance can be amended by the City as
desired, but Berkley Group does not recommend a decrease.
106
Editor’s Note: Article 26, Sections 4-9 address application and review procedures for a PUD; these have been
removed from the district regulations and a cross-reference to Article 3 has been added, as the procedures are
the same as what is articulated there and therefore the redundancy is not needed. Article 26, Section 3
addressing unified ownership is included in (B)(2).
103

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(2) The area proposed shall be in unified ownership or control at the time of application, and
the application filed jointly by all owners of the properties included in the zoning map
amendment.
(3) No development within a PUD, including, but not limited to clearing, grading, excavating,
road building, site preparation, or structural improvements, shall occur prior to approval of
a Site Plan in accordance with Article 3, Permits and Applications, of this Ordinance.
(4) All development and subsequent operation within a PUD shall be undertaken in
accordance with the provisions of the approved application and Site Plan.
(5) No transfer, sale, or conveyance of any individual lot or interest shall be permitted prior to
Final Plat approval, in accordance with Article 10, Subdivision, of this Ordinance.
(6) Modifications.
(i)

Major modifications to the PUD Site Plan, including changes to housing types,
densities, permitted land uses, architectural elevations, open space area, type of
community facilities, or general location of any elements, or other aspects of the PUD
Site Plan, where the change is not in keeping with the concept of the approved PUD
Site Plan shall require an amendment to the PUD Site Plan in accordance with Article
3, Permits and Applications, of this Ordinance.107

(ii) Minor modifications to the PUD Site Plan, which clearly are in substantial conformity
with the approved PUD Site Plan, may be approved by the Planning Director without
applying for an amendment to the PUD Site Plan. Substantial conformity shall mean
that conformity which leaves a reasonable margin for adjustment due to final
engineering data, but conforms to the general nature of the development, the specific
uses, the general layout depicted by the plans, profiles, elevations, and other
demonstrative materials presented by the applicant.108
(7) Waivers.
(i)

General.
(a) A proposed development may deviate from the guidelines in this Division, unless
an associated use requires approval of a rezoning or SUP under Article 3, Permits
and Applications, of this Ordinance. Any waiver from the standards and
guidelines shall be specifically acknowledged by means of a proffer or conditions.
A request for waiver must:
i.

Clearly outline the requested waiver(s), and

ii.

Justify the need or benefit to the public and community should the waiver be
granted.

Editor’s Note: Major modification procedures are currently included in Article 26, Section 7 of the current
Ordinance but have been revised for clarity.
108
Editor’s Note: Minor modification procedures are currently included in Article 26, Section 7 of the current
Ordinance but have been revised for clarity.
107

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(D) Character of Development.109 Development within PUD districts should encourage
development form and character that is aesthetically pleasing and is different from
conventional suburban development, which typically includes the following:
(1) Neighborhood friendly streets and paths;
(2) Interconnected streets and transportation networks;
(3) Parks, recreation, and open space amenities;
(4) Appropriate neighborhood-oriented commercial uses in district centers;
(5) Appropriately scaled buildings and spaces;
(6) Mixture of housing types and affordability; and
(7) Environmentally sensitive design.
(E) Development Standards.110 In addition to the standards provided in Table 4-23, the following
standards shall apply:
(1) General.
(i)

All fencing, lighting, landscaping and screening, parking areas, open space, and
signage shall comply with all applicable standards of Article 8, Community
Development Standards, of this Ordinance.

(ii) Areas between buildings used as service yards, storage of trash, or other utility
purposes should be designed to be compatible with adjoining buildings and are
subject to the screening requirements of Article 8, Community Development
Standards, of this Ordinance.
(iii) Setbacks shall not interfere with public safety issues such as intersection sight
distance or utilities, including other public infrastructure such as sidewalks, open
space, etc.
(iv) The PUD shall demonstrate as part of the application how it will employ an overall
cohesive character with design elements including, but not limited to, materials,
balconies, terraces, articulation of doors and windows, sculptural or textual relief of
facades, architectural ornamentation, varied roof lines, or other appurtenances, such
as lighting fixtures and landscaping. Compatibility may be achieved through the use
of similar building massing, materials, scale, colors and other architectural features.
(2) Residential. A mixture of residential structures is critical for providing good housing
opportunities in a healthy neighborhood setting. Residential units should vary by dwelling
type in a logical and attractive manner to best fit the site.

Editor’s Note: The definition of a PUD included in Article 26, Section 2 of the current Ordinance has been
relocated to Article 11, Definitions, of the draft Ordinance.
110
Editor’s Note: All provisions included under (E) are proposed additions to better facilitate high-quality and
well-designed PUD development.
109

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Draft Article 4 – Primary Zoning Districts
(i)

The gross and net residential densities shall be shown on the approved Concept Plan
by area and for the development as a whole in dwelling units per acre (du/acre) and
shall be binding upon its approval.

(3) Commercial. All commercial uses should be designed in a logical and attractive manner to
best fit the site and to be directly walkable from surrounding residential uses.
(i)

Commercial uses shall be those permitted in Article 6, Use Matrix, of this Ordinance.

(4) Open Space. In addition to the applicable standards of Article 8, Community Development
Standards, of this Ordinance:
(i)

The required open space shall not be less than 20% percent of the total gross area of
the PUD development.
(a) Appropriate active and passive recreational uses as defined in Article 11,
Definitions, of this Ordinance, shall be provided within the open space area to
serve the development.
(b) 40% of all open space within a PUD development shall be dedicated to active
recreation uses.

(ii) All open space, including developed open space, shall be specifically included in the
development schedule, and be constructed and fully improved by the developer at an
equivalent or greater rate than the construction of residential structures.
(a) A Certificate of Occupancy shall not be issued until the open space has been
completed as designed.
(iii) There shall be established a non-profit association, a stock or membership
corporation, trust, or property owners’ association (POA) to ensure maintenance of
open spaces.
(a) When the open space is to be maintained through a non-profit association,
corporation, trust, or POA, said organization shall conform to the following
requirements:
i.

The developer must establish the organization prior to the sale of any lots.

ii.

Membership in the organization shall be mandatory for all residential
property owners, present or future within the PUD development, and said
organization shall not discriminate in its members or shareholders.

iii.

The organization shall manage all open space and recreational facilities and
shall provide for the maintenance, administration, and operation of said land
and improvements, and shall secure adequate liability insurance on the
land.

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Division 9. Agricultural District Standards.
Section 4-9-1. A, Agricultural District Standards.
(A) Establishment and Intent. The A District is established to facilitate the protection and
conservation of Petersburg’s historic and natural resources, particularly in and around
Petersburg National Battlefield. While land use in this district is generally rural and/or
agricultural, it is nevertheless located near urban development and where urban services can
be extended at the appropriate time. Therefore, permanent preservation of agricultural uses and
rural lands is not intended. Conversion of agricultural lands for industrial and economic
development is appropriate.
(B) Limitations.
(1) No additional parcels shall be rezoned to A after [effective date of Ordinance].111
(2) No subdivision creating more than one new parcel shall be permitted in the A District. To
create more than one new parcel, the property must first be rezoned to an appropriate
zoning district.112
(3) For lots not served by public water and/or sewer, minimum lot size may be increased as
required by the Virginia Department of Health to ensure proper siting of private wells and/or
on-site sewage disposal systems.113
(C) General District Standards.
Table 4-24. A District Standards.
A
LOT AREA (MIN) 114
LOT WIDTH (MIN)
SETBACKS

All Lots

1 acre

All Lots

100’

Front (ROWs ≥ 50’)
Front (ROWs < 50’)
Side

35’
55’
15’

115

116

Editor’s Note: Provision has been introduced to limit any expansion of the existing Agricultural District, to be
consistent with the adopted Future Land Use Map (FLUM).
112
Editor’s Note: Provision limiting subdivisions in the A district has been retained from Article 4-A, Section 9(1),
with minor revisions for clarity.
113
Editor’s Note: Provision to increase lot size per the Virginia Department of Health for well/septic systems, as
applicable, has been retained from Article 4-A, Section 4.
114
Editor’s Note: A minimum lot area is not currently established; a parcel just needs to be within a minimum
contiguous area of 8 acres that is zoned agricultural. A minimum lot size of 1 acre has been introduced.
115
Editor’s Note: A minimum lot width is not currently established in the A District. A minimum lot width of 100 ft.
has been introduced.
116
Editor’s Note: Front setbacks based on the right-of-way width have been retained. The side setback has been
streamlined to 15 ft., which replaces the current minimum requirement of 10% of lot width, with an aggregate of
30 ft.
111

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Table 4-24. A District Standards.
Rear

A
30’

Principal Structures
Accessory Structures

45’
15’

HEIGHT (MAX) 117

Editor’s Note: The existing maximum height of 45 ft. for principal structures has been retained. A maximum
height of 15 ft. for accessory structures has been introduced. (Note: Maximum heights do not apply to
agriculture-related buildings per state code.)
117

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Division 10. Cluster Development.118
Section 4-10-1. Purpose and Intent.
(A) The purpose of cluster provisions is to:
(1) Encourage the protection and preservation of open space and agricultural lands in the City;
(2) Encourage development in a manner which lessens the cost of infrastructure;
(3) Provide incentives for clustering residential development in the most appropriate
locations;
(4) Encourage more efficient and aesthetic use of open space;
(i)

Encourage the reservation of open space for scenic and recreational uses;

(5) Create and encourage the use of a variety of development choices to satisfy the changing
needs of the City; and
(6) Offer flexibility to the developer in his approach and solution to land development
problems.

Section 4-10-2. General.
(A) The provisions of this article will allow residential dwellings to be developed in clusters, subject
to the provisions of Article 10, Subdivision, of this Ordinance.
(B) A cluster development shall be subject to all the applicable standards of this Ordinance, and all
other requirements of the City of Petersburg, unless specifically modified or excepted by the
provisions of this Article.
(C) Cluster development as allowed by the provisions of this article shall be permitted only in the
following districts:
(1) A, Agricultural;
(2) R-1A, Single Family Residence;
(3) R-1, Single Family Residence;
(D) The permitted uses for cluster developments shall conform to the respective permitted uses for
the district in which the development is located.

Editor’s Note: Please note that Divisions 10 and 11 of this Article will eventually be removed and added to
another Article to address supplemental development standards per City staff direction. The name and number
of this Article will be determined after the entirety of the Ordinance is drafted.
118

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Section 4-10-3. Standards.
(A) All cluster developments shall provide at least 50% contiguous open space, which shall be
designed and used in accordance with the standards for open space provided in Article 8,
Community Development Standards, of this Ordinance.
(B) Cluster developments shall be designed such that lots are arranged in a compact pattern that
groups them together in close proximity, in order to preserve larger areas of open space
elsewhere on the site. Lot configurations shall avoid scattered or dispersed layouts.
(C) Individual lot sizes, width, and setback requirements may be reduced up to 50% of the
underlying district standard.
(1) In the PUD district, lot sizes and widths shall be in accordance with the approved Concept
Plan.
(D) The requirements for corner visibility, as set forth in Article 8, Community Development
Standards, of this Ordinance shall not be waived.
(E) Cluster developments shall be served by public water and sewer.
(F) Lots shall have entrances onto the local street and shall not have individual entrances onto an
arterial or collector road.
(G) Acreage set aside for streets and utilities shall not be included in the area set aside for open
space.
(H) The cluster development shall be designed to ensure quality development and preservation of
open space. In order to accomplish these goals, the following specific features on the land
included in the cluster development shall be situated to the extent practicable in the reserved
area of open space:
(1) Historic and Cultural Features. Historic and cultural features shall include those features
and archeological sites which have been identified by the Virginia Department of Historic
Resources, the National Trust of Historic Preservation, or other state, local or federal
entities charged with the identification of historic and cultural resources.
(i)

Historic and cultural features, sensitive environmental features and agricultural lands
not situated in the reserved area of open space shall be identified along with
provisions to protect these features.

(2) Sensitive Environmental Features. Sensitive environmental features shall include:
(i)

Wetlands;

(ii) Non-tidal wetlands and watercourses as defined under state law or in the
Comprehensive Plan; and
(iii) Slopes in excess of 15%.
(3) Agricultural Lands. Agricultural lands shall include the most productive agricultural land
as determined by the City agricultural extension agent.
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(4) Natural Ridge Lines. Natural ridge lines shall include the area along the top of a hilltop or
ridge.
(i)

Residential dwellings shall not be located along natural ridge lines or on slopes in
excess of 15%, and clearing of natural ridge line or on critical slopes shall be
minimized.

(I) The landowner or developer shall have a qualified expert, acceptable to the Zoning Administrator,
identify on the subdivision plat and include measures to protect the features set forth in (I)(1),
above, as part of the cluster development and the expert shall certify compliance with this
section on the subdivision plat.

Section 4-10-4. Cluster Open Space Standards.
(A) Required open space shall not be subdivided or used for any residential, commercial, or
industrial purposes.
(B) Restrictive covenants and a conservation easement shall be established by the subdivider for
all areas preserved as open space. These instruments must reflect the limitations applicable to
the reserved area in accordance with (A)(1), above, and shall be:
(1) Reviewed and approved by the City Attorney; and
(2) Recorded with the approved final subdivision plat in the land records maintained by the
Clerk of the Circuit Court.
(C) The conservation easement must be placed with the Virginia Outdoors Foundation or a similar
organization approved by the City Council. Alternatively, the City Council may accept the
easement directly, in which case enforcement responsibilities may be delegated to the Zoning
Administrator.
(1) The easement holder must have independent legal standing and be willing and able to
enforce the easement in perpetuity.
(2) Any subsequent change to the conservation easement or restrictive covenants recorded
for the open space must be approved by the City Attorney as consistent with the original
approved cluster and this Division prior to recordation.
(D) The following language or other language approved by the Zoning Administrator and City
Attorney shall be used in the deed of restrictive covenants or deed of conservation easement
and shall be shown on the face of the plat of subdivision:
(1) “The land designated as open space or reserved area as shown hereon [or as described
herein (in the case of a deed)] may be used only for agriculture, forestry, or nature preserve.”
(E) The Zoning Administrator shall issue no zoning permit and the Subdivision Agent shall approve
no plat that would violate the terms or intent of this article.
(F) Ownership of the parcel designated as open space must be clearly established and approved by
the City Attorney, as meeting the requirements of this article prior to the approval of the
subdivision plat for the cluster development.
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(G) There must be a property owners’ association responsible for the maintenance and upkeep of
any facilities that may be constructed in relation to the use of the open space unless the City
determines that accepting the facilities into the City’s maintenance would be appropriate. The
restrictions on the reserved area shall be recorded in the deed for the open space parcel as well
as each lot in the cluster subdivision.

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Division 11. Cottage Court Development.
Section 4-11-1. Purpose and Intent.
(A) The purpose of cottage court development standards is to:
(1) Provide a housing option composed of small-footprint, ground-oriented dwellings arranged
around shared open space;
(2) Encourage walkable and community-oriented site design that fosters social interaction
and efficient land use;
(3)

Support infill development and expand housing choice in residential districts;

(4) Promote sustainable development patterns through compact design and shared
infrastructure; and
(5) Facilitate a flexible alternative to conventional subdivision layouts that can respond to
changing household sizes and housing needs.

Section 4-11-2. Development Standards.
Table 4-25. Cottage Court Development Standards.
Cottage Courts
PROJECT AREA (MIN)
Cottage Courts

0.5 acre

NUMBER OF UNITS
Minimum
Maximum

6
12

UNIT SIZE (MAX)
Unit Size
SETBACKS AND DISTANCES BETWEEN FEATURES (MIN)
Minimum Distance Between Units
Minimum Distance from Shared Open Space
Minimum Distance from Site Perimeter or Public ROWs
OPEN SPACE/COURTYARD
Per Unit Requirement
HEIGHT (MAX)
Principal Structure
Accessory Structure

1,000 SF
10’
10’
25’
150 SF
25’
15’

(A) Each dwelling unit shall front on and be directly accessed from a shared courtyard.
(B) Parking shall be offered as a shared parking lot or individual rear-access only.
(1) Shared parking lots shall be located to the rear or side of the development, and screened
in accordance with Article 8, Community Development Standards, of this Ordinance.
(i)

Shared parking lots shall incorporate bicycle parking racks for at least 1 bicycle per
unit.
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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 4 – Primary Zoning Districts
(2) Garages, if provided, shall not face shared courtyards or open space.
(C) There shall be a sidewalk with a minimum width of 5 ft. connecting all units to:
(1)

Shared parking areas,

(2) Shared courtyard/open space areas; and
(3) Any existing external pedestrian accommodations.
(D) Cottage court developments may be held in condominium ownership or maintained under
single ownership and leased by a property manager.
(1) Shared common areas, services, and infrastructure shall be maintained by an owners
association or a property management company.
(E) Transitional Screening Buffer Type B shall be provided along the site perimeter, and shall be
planted in accordance with Article 8, Division 6, of this Ordinance.

Figure 4-5. Cottage Court Development Standards.

Draft Article 4 | Page 4-57

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts

ARTICLE 5. Overlay Zoning Districts.
Division 1. Establishment.
Section 5-1-1. General.1
(A) This Article creates overlay districts that add extra development and design rules to the base
zoning districts. These overlays do not replace the rules and regulations established for primary
zoning districts, but serve to supplement them. In the event of a conflict between the provisions
or requirements of an overlay district and those of any underlying primary zoning district, the
stricter provision shall apply.
(B) The City of Petersburg hereby establishes and designates the following overlay zoning district(s):
(1) Highway Corridor Overlay District (HCOD); and
(2) Historic Overlay District (HOD).

Division 2. Highway Corridor Overlay District (HCOD).2
Section 5-2-1. Purpose.
(A) The purpose of the Highway Corridor Overlay District (HCOD) is to:
(1) Encourage land assembly and the most desirable use of land in accordance with the City
of Petersburg Comprehensive Plan;
(2) Encourage a positive visual experience along the City’s major existing highway corridors;
and
(3) Maintain natural beauty and the scenic, cultural, and historic character of these corridors,
particularly distinctive views, vistas, and visual continuity.

Section 5-2-2. Applicability.
(A) Applicability of HCOD. The HCOD shall apply to all lands as identified below:
(1) Wagner Road/U.S. Route 460. All land within 400 ft. of either side of Wagner Road/U.S.
Route 460, from its intersection with Interstate 95 west to South Crater Road/U.S. Route
301.
(2) S. Crater Road/U.S. Route 301. All land within:
(i)

500 ft. of either side of S. Crater Road/U.S. Route 301, from its intersection with
Wagner Road/U.S. Route 460 north to its intersection with Weyanoke Street.

Editor’s Note: New text introduced to generally establish zoning overlay districts and relationship to underlying district
regulations.
2
Editor’s Note: The HCOD is a new overlay district for the City.
1

Draft Article 5 | Page 5-1

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts
(ii) 200 ft. of either side of S. Crater Road/U.S. Route 301, from its intersection with
Weyanoke Street north to its intersection with Wythe Street.
(3) S. Sycamore Street. All land within 200 ft. of either side of S. Sycamore Street, from its
intersection with S. Crater Road/U.S. Route 301 north to its intersection with Wythe Street.
(B) Method for Determination of Boundaries. HCOD district boundaries shall be determined as
follows:
(1) Length of the district shall be established by fixing points of beginning and end along the
centerline of a street or highway.
(2) Width shall be established by designation of the distance on one (1) or both sides of a street
or highway right-of-way (ROW) to which the overlay district will extend.

Section 5-2-3. Applicability of Standards.
(A) The standards established in this Division shall apply to all lots located fully or partially within
the HCOD, including property without direct frontage along the designated HCOD corridor.
(1) Solely residential developments with no other use types in the same development shall be
exempt.

Section 5-2-4. Uses.
(A) Unless otherwise specified in proffers, conditions, or (B), below, uses permitted by-right and by
SUP in the underlying zoning districts shall have the same permissions in the HCOD.
(B) The following uses shall be prohibited in the HCOD:
(1) Adult use;
(2) Car Wash;
(3) Equipment Sales, Service, and Repair (Heavy);
(4) Junkyard/Salvage Yard;
(5) Manufactured Home Sales;
(6) Outdoor Storage;
(7) Parking Lot/Structure, Off-Site;
(8) Pawnshop;
(9) Retail Store, Alcoholic Beverage Sales;
(10) Retail Store, Small Box Discount;
(11) Short-Term Loan Establishment;
(12) Vape/Smoke Shop, Off- and On-Site Use;
(13) Vehicle Repair/Service, Major and Minor; and
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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts
(14) Vehicle Sales, Used.

Section 5-2-4. Development and Design Standards.
(A) Parking. All off-street parking areas shall be located to the rear or side of the principal structure.
(1) The Zoning Administrator may modify or waive this requirement if the applicant sufficiently
demonstrates that topography or other site conditions are prohibitive.
(B) Building Facades.
(1) Active Building Façade. For all building types directly adjacent to the HCOD street, at least
one active building façade shall be constructed parallel to the HCOD ROW.
(i)

Façade Length. To avoid long and monotonous wall surfaces, no uninterrupted façade
visible from the HCOD ROW shall exceed 100 ft. in length.

(ii) Façade Colors. Excluding signage, all colors used on building façades and façade
materials shall be primarily composed of natural earth tones, as defined in Article 11,
Definitions, of this Ordinance.
(iii) Bright, non-earth tone colors such as yellows, oranges, pinks, and purples will be
limited to not exceed 20% of any single exterior wall area as a trim element.
(iv) Trim colors must be used for accent and identifying purposes and will be the brightest
group of colors allowed.
(C) Signs.
(1) Pole-mounted signs are prohibited.
(2) The base of all signs placed at the primary access to the parcel shall be landscaped.
(i)

A 3 ft. wide landscaped area shall surround the base of the sign in all directions.

(ii) Such landscaping shall consist of a mix of shrubs and flowers.
(iii) Plantings at the base of signage shall be regularly maintained and shall not grow to a
height that partially or fully obstructs sign copy, as visible from the HCOD ROW.
(D) Lighting. The maximum height of all lighting types in all lighting zones shall be 20 ft.

Division 3. Historic Overlay District (HOD).
Section 5-3-1. Authority.
Pursuant to Code of Virginia § 15.2-2306, the City Council shall have the authority to designate
buildings and landmarks, and create Historic Overlay Districts.

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts

Section 5-3-2. Purpose.3
(A) The purpose of the HOD is to:
(1) Promote educational, cultural, business, travel, industrial, and other economic resources;
(2) Preserve and protect the City’s historic or architecturally significant buildings, structures,
places and areas;
(3) Encourage that new buildings and development in historic districts respect and reinforce
the visual and spatial character of the area, using compatible forms, materials, and siting
that do not detract from the district’s historic integrity;
(4) Ensure that rehabilitation or alterations of historic structures are differentiated from original
features while being compatible with the historic materials, features, size, scale and
proportion, and massing to protect the integrity of the property and its environment;
(5) Promote the rehabilitation and upkeep of significant structures and encourage appropriate
land use planning and development that will enhance both the economic viability and
historic character of the district(s);
(6) Encourage local heritage resource identification and preservation efforts and the
nomination of qualified properties for listing in the City of Petersburg Inventory of Historic
Sites, the Virginia Landmarks Register, and the National Register of Historic Places; and
(7) Ensure that historic preservation efforts are in accordance with Code of Virginia § 15.22306.

Section 5-3-3. Applicability.4
(A) The HOD regulations shall apply to the areas designated as “Local Historic Areas” on the map
hereinafter called the “Historic Areas Map”5 :
(1) Olde Towne Historic Area;
(2) Poplar Lawn Historic Area;
(3) Folly Castle Historic Area;
(4) Centre Hill Historic Area;
(5) South Market Street Historic Area;
(6) Courthouse Historic Area; and
(7) Battersea/West High Street Historic Area.

Editor’s Note: Items 1 through 3 of Section 5-1-2 (A) retains the provisions of Article 35, Section 1 of the existing ordinance,
with minor revisions for clarity. Items 4 through 6 are new.
4
Editor’s Note: The listed historic districts utilize the names provided on the City of Petersburg GIS map application(s).
5
Editor’s Note: Article 35, Section 3 of the existing ordinance makes a reference to a “historic areas zoning map.” As there is
no official title on the map itself, propose to refer to it as “Historic Areas Map” in the Zoning Ordinance.
3

Draft Article 5 | Page 5-4

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts

Section 5-3-4. Uses.6
(A) Unless otherwise specified in proffers, conditions, or (B), below, uses permitted by-right and by
SUP in the underlying zoning districts shall have the same permissions in the HOD.
(B) The following uses shall be prohibited in the HOD:
(1) Adult use;
(2) Casino Gaming Establishment;
(3) Junkyard/Salvage Yard;
(4) Outdoor Storage;
(5) Pawnshop;
(6) Short-term loan establishment; and
(7) Tobacco/Vape Shop.

Section 5-3-5. Development and Design Standards. 7
All development, including parking and loading areas, within the HOD shall be in general
conformance with the policies and recommendations set forth in the Petersburg Historic Districts’
Guidelines and The Secretary of the Interior’s Standards for the Treatment of Historic Properties.

Section 5-3-6. Protective Maintenance.8
(A) The owner of any building or structure located within the HOD shall keep such structure properly
maintained and repaired as to protect against decay and deterioration. Examples include:
(1) Deterioration of the exterior of a structure to the extent that it creates, or permits, a
hazardous or unsafe condition; or
(2) Deterioration of exterior walls or other vertical supports, horizontal members, roofs,
chimneys, exterior wall elements such as siding, wooden walls, brick, plaster, or mortar, to
the extent that it adversely affects the character of the HOD or the structure or could
reasonably lead to irreversible damage to the structure.
(B) Upon determination of a protective maintenance violation, the Zoning Administrator shall notify
the owner in writing of the determination and compliance timeframe.
(1) Within 30 days of receipt of such notice, the owner shall commence the necessary
stabilization repairs and shall complete the repairs within 120 days of such notice.
Editor’s Note: This Section is new to provide additional protections that future development will be compatible with uses
that correlate to the City’s historic areas.
6

Editor’s Note: New provision to clarify that development and design standards must be consistent with local historic design
guidelines and the national standards for treatment of historic properties in the HOD.
8
Editor’s Note: This requirement is currently included in Article 35, Section 16 of the current Zoning Ordinance. This language
has been amended for clarity. The language in the existing ordinance includes “whatever legal processes are needed to
assure that this duty is discharged fully and properly.” Rather than include ambiguous language for enforcement, the HOD
should utilize the general Zoning Ordinance enforcement measures of draft Article 2, Division 5.
7

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts
(2) Upon written request from the owner, the ARB may extend these timeframes with approval
of an abatement plan.
(3) If appropriate action is not taken within the established timeframes, the City may initiate
appropriate legal action, in accordance with Article 2, Administration, of this Ordinance.
(C) The boarding of a vacant structure within the HOD, or a historic landmark, shall constitute the
alteration of the exterior architectural features of such structure.9
(1) In the event such boarding is accomplished pursuant to an order from the Building Official
to secure a hazardous structure against entry, the owner shall comply with such order, and
within 15 days of the date of such order shall apply for a Certificate of Appropriateness.
(i)

In considering any such application, the ARB may impose such conditions as may be
appropriate to secure or preserve the historic elements of the structure against further
loss, damage, or deterioration.

Section 5-3-7. Historic District Designation or Expansion.
(A) General.10 The City Council may establish or expand an HOD in accordance with Code of
Virginia § 15.2-2306 and in accordance with one or more of the following criteria:
(1) Is closely associated with the life or contributions of a person or persons significant to the
history of the community, state, or nation;
(2) Is the site of a significant local, state, or national event;
(3) Is clearly identified with a person or persons who significantly contributed to the
development of the community, state, or country;
(4) Embodies the distinguishing characteristics of an architectural style valuable for the study
of a period, type, method of construction, or use of indigenous materials;
(5) Is identified as the work of a master builder, designer, architect, or landscape architect
whose individual work has influenced the development of the community, state, or
country;
(6) Embodies elements of design, detailing, materials, or craftsmanship that render it
architecturally significant;
(7) Exhibits design features that contribute to its structural or architectural significance;
(8) Occupies a unique location or possesses singular physical characteristics that make it an
established or familiar visual feature; and/or
(9) Provides for a landscape unit needed to control potentially adverse influences on lands
closely related to and bearing upon the character of historic site or sites.

9

Editor’s Note: Item C is new.
Editor’s Note: Text has been retained from Article 35, Section 3.1. of the current Ordinance, with minor revisions for clarity.

10

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts
(B) Initiation.11 The designation or expansion of an HOD may be initiated by:
(1) Resolution of City Council;
(2) Motion of the Planning Commission;
(3) Recommendation of initiation by the ARB; or
(4) Petition by a property owner or the owner’s agent.
(C) Application for Historic District Designation.12
(1) The following information is required for consideration of HOD designation and must be
submitted with the application:
(i)

An inventory listing each building, landmark, or structure within the district which itself
has historic merit or contributes to the overall historic character of the district;

(ii) A graphic presentation of the location of landmarks, sites, buildings, or other
structures of particular historic value as well as the boundaries of the total proposed
area to be included within the designation; and
(iii) A written statement documenting the particular historical attributes of the territory
proposed to be designated.
(2) A completed application for the Virginia Landmarks Register and/or National Register of
Historic Places that contains the information required in (C)(1), above, may be submitted
as the formal application to the City.
(D) Procedures for Review and Action.13
(1) Prior to the establishment of a HOD, the ARB may conduct research and make a report on
the historic significance of the buildings, structures, features, sites, objects and
surroundings of the area. Such report may contain recommendations for the areas to be
included in the proposed HOD.
(2) Public hearings and notification on the proposed HOD by the Planning Commission and
City Council shall be in accordance with Article 3, Permits and Applications, of this
Ordinance.

Section 5-3-8. Additional Procedures.14
(A) Certificate of Appropriateness. A Certificate of Appropriateness shall be required for any
construction, alteration, or demolition of buildings or structures within the HOD, and in
accordance with the provisions of Article 3, Division 10, of this Ordinance.

Editor’s Note: Initiation provisions are materially the same as Article 35, Section 3.2, with minor formatting revisions for
clarity.
12
Editor’s note: New provisions added to clarify the information required for review of a HOD designation/expansion.
13
Editor’s Note: New section proposed to clarify review and approval procedures.
14
Editor’s Note: This Section is new and is included to provide a connection to the procedural requirements, as they relate to
the HOD, in Article 3 of the proposed ordinance.
11

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 5 – Overlay Zoning Districts
(B) Designation of Historic Building. The designation of structure to be a certified “Petersburg
Historic Building” shall be in accordance with the provisions of Article 3, Division 10, of this
Ordinance.
(B) Demolition, Razing, or Moving of Structures. The owner of a building or structure located within
the HOD shall be entitled to raze, demolish, or move such building or structure, in accordance
with Article 3, Division 10 of this Ordinance.
(1) Demolition, razing, or move of structures in violation of the provisions of this Article shall
be enforced and remedied in accordance with Article 2, Division 5 of this Ordinance.

Draft Article 5 | Page 5-8

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix

ARTICLE 6. Use Matrix.
Division 1. Uses Provided.
Section 6-1-1. Organization.
(A) The Use Matrix in this Article organizes permitted uses by zoning districts and use types. The Use
Matrix; Article 7, Use Performance Standards; and Article 11, Definitions, of this Ordinance,
together provide a systematic basis for identifying and organizing uses and distinguishing
whether a particular use is allowable in a particular zoning district.
(1) Use Classifications. Use classifications by zoning districts identify broad general
classifications of land use and include agricultural uses; residential uses; public, civic, and
recreational uses; commercial uses; industrial uses; and miscellaneous uses.
(2) Use Types. The specific use types identify the specific principal uses that fall within each
classification.

Section 6-1-2. Use Matrix Abbreviations.
(A) Accessory Uses. “A” in a Use Matrix cell indicates that the use type in that row is permitted as an
accessory use incidental to a permitted or specially permitted use in the zoning district at the
head of that column, subject to any performance standards required by Article 7, Use
Performance Standards, of this Ordinance.
(B) Permitted Uses. “B” in a Use Matrix cell indicates that the use type in that row is permitted byright in the zoning district at the head of that column, subject to any performance standards
required by Article 7, Use Performance Standards, of this Ordinance.
(C) Special Uses. “SUP” in a Use Matrix cell indicates that the use type in that row is allowed in the
zoning district at the head of that column only upon approval of a Special Use Permit, in
accordance with Article 3, Permits and Applications, and subject to any performance standards
in Article 7, Use Performance Standards, of this Ordinance.
(D) Prohibited Uses. A blank cell in the Use Matrix indicates that the use type in that row is prohibited
in the zoning district at the head of that column.

Division 2. Uses Not Provided.
Section 6-2-1. Uses Not Provided.
(A) The Zoning Administrator shall determine whether an unlisted use is part of an existing use
classification or use type as defined in Article 11, Definitions, of this Ordinance. Upon
determining the most similar use type, the Zoning Administrator shall treat the proposed use the
same as the most similar one.
(1) If the Zoning Administrator determines that the proposed use is not similar to any listed use
type, that use is prohibited.
Draft Article 6 | Page 6-1

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix

Division 3. Use Permissions.
Section 6-3-1. Primary and Accessory Uses.
If a use is identified as accessory in the use matrix, within the definition of the primary use, or is
otherwise determined by the Zoning Administrator to be incidental and customarily associated with
the primary use, a separate zoning permit is not required for the accessory use.

Draft Article 6 | Page 6-2

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix

Section 6-3-2. Use Matrix.
Table 6-1. Use Matrix.
Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

MXD-1

MXD-2

MXD-3

A

M-2

A

M-1

A

ERC

B-2

A

B-3

B-1

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

R-1A

A

Use

A

A

A

A

A

A

A

A

A

Use
Performance
Standards

Accessory Uses
Accessory Structure

A

A

A

A

A

A

A

A

A

A

A

Drive-Through Facility
Dwelling, Accessory

A

A

A

A

A

Home Occupation

A

A

A

A

A

A
A

A

A

A

7-2-1
7-2-2

A

A

A

A

7-2-3

A

A

A

A

7-2-4

Outdoor Storage

A

A

7-2-5

Agricultural Uses
Agricultural Operation

B

7-3-1

Agritourism

B

7-3-2

Farm Stand

B

7-3-3

Silvicultural Operation

B

7-3-4

Commercial Uses
Adult Use
Brewery, Distillery,
or Winery
Brewery, Distillery,
or Winery, MicroBusiness
Support Services
Car Wash

SUP
B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

7-4-1

B

B
B

B

7-4-2

Draft Article 6 | Page 6-3

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

Funeral Home

MXD-3

M-2

M-1

ERC

B-3

B-2

B-1

B

B

Use
Performance
Standards

B
B
B

Cigar Lounge
Consumer
Repair Services
Convention Center
Day Care Center
Entertainment/
Recreation,
Commercial Indoor
Entertainment/
Recreation,
Commercial Outdoor
Event Facility/
Banquet Hall
Farmers Market
Farmers Market,
Mobile
Farmers Market,
Popup
Financial Institution

MXD-2

Casino Gaming
Establishment
Casino Gaming
Establishment,
Temporary
Catering Facility

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

B

B

B

B
SUP

B

B

B

SUP
B

B

B
B

B

SUP

B

B

B

B

B

SUP

B

B

B

B

B

B

B

7-4-3

B

B

B

SUP

B

B

SUP

7-4-24

B

B

B

B

B

B

B

SUP

SUP

7-4-4

B

7-4-5
7-4-6

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

7-4-7

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

7-4-8

B

B

B

B

B

B

B

B

B

B

B

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

B

B

SUP

B

B

SUP

Gas Station, Major
Hotel
Kennel, Commercial
Laundry Facilities,
Personal Scale
Laundry Services,
Commercial Scale
Lounge/Bar

B
B

SUP

SUP

SUP

B

B

SUP

B
B

B

B

B

B

B

B

B

7-4-10

B

B

B

B

B

B

B

SUP

B

SUP

SUP

SUP

B
B

B
B

B

SUP

B

B

B

B
7-4-14

SUP

SUP

B

B

B

A

SUP

Nursing Home

SUP

Office, General

B

B

B

B

B

B

B

Office, Medical/Clinic
Outdoor Sales,
Seasonal/Temporary

B

B

B

B

B

B

B

B

B

B

7-4-12
7-4-13

SUP

SUP

7-4-11
7-4-10

B

B

Maker Space
Manufactured/
Modular Home Sales
Marina, Commercial
Media
Production Studio
Nightclub

B

SUP

B

Use
Performance
Standards

7-4-9

B

B

Hospital

MXD-3

B

MXD-2

SUP

M-2

B

M-1

B

ERC

B-3

Gas Station, Limited

B-2

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

SUP

B-1

Garden
Center/Commercial
Greenhouse
Gas Station, General

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

7-4-15
B
7-4-16

B

SUP
B

B

B

B

B

B

B
7-4-17

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City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

Pawnshop
Personal Care
Services
Restaurant, General

MXD-3

MXD-2

M-2

SUP
B

B

B

B

B

B

B

B

B

B

B

B

Restaurant, Virtual
Retail Store, Alcoholic
Beverage Sales
Retail Store, Large

B

B

B

B

B

B

B

B

Retail Store, Small
Retail Store,
Small Box Discount
Short-Term Loan
Establishment
Studio

B

B

B

B

SUP

SUP

SUP

Restaurant, Mobile

M-1

ERC

B-3

B-2

B-1

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

SUP
B

B

B

B

B

B

B

B

SUP
B

B

SUP

B

B

Tradesperson Service

7-4-18

B

B

B

B

B

B

B

B

B

B

B

B

B

SUP

SUP
B

B

B

B

B

B

B

7-4-19
7-4-20

B
B

B

B

SUP

7-4-21

SUP

7-4-22

B
B

Vape Shop

Use
Performance
Standards

B
B

SUP

B

B

7-4-23

B
7-4-24

Vehicle Rental

SUP

B

B

7-4-25

Vehicle Sales, New

SUP

B

B

7-4-25

SUP

SUP

7-4-25

SUP

B

7-4-25

Vehicle Sales, Used
Vehicle
Repair/Service, Major
Vehicle
Repair/Service, Minor
Veterinary
Clinic/Hospital

SUP
B

B
B

B

B

7-4-25

B

7-4-26

Draft Article 6 | Page 6-6

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

MXD-3

MXD-2

SUP

SUP

7-5-4

Data Center
Equipment Sales,
Service, and Repair
(Heavy)
Hazardous Materials,
Storage, and
Distribution
Junkyard/Salvage Yard
Laboratory, Research,
and Development
Manufacturing, Heavy

B

B

7-5-5

B

B

7-5-6

SUP

7-5-7

SUP

7-5-8

B-3

Crematorium

B-2

7-5-3

B-1

B

RB

B

R-6

7-5-2

R-5

B

R-4

B

R-3

7-5-1

R-2

SUP

R-1

SUP

A

M-2

Use
Performance
Standards

M-1

ERC

RTH

RMH

R-1A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

Industrial Uses
Battery Energy
Storage Facility
Construction
Material Sales
Construction Yard

SUP

B

B

B

SUP

Manufacturing, Light
Manufacturing,
Small-Scale
Self-Storage Facility
Solar Energy Facility
Solar Energy Facility,
Accessory
Truck/Freight Terminal

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

7-5-9

B

B

B

7-5-9

B

B

B

7-5-9

SUP

SUP

7-5-10

SUP

SUP

7-5-11

B

B

SUP

SUP

B

B

B

7-5-12

Draft Article 6 | Page 6-7

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

SUP

B

B

MXD-3

SUP

MXD-2

M-2

Vehicle Tow Lot
Warehousing
and Distribution

M-1

ERC

B-3

B-2

B-1

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

Use
Performance
Standards

7-5-13

Public, Civic, and Recreational Uses
Cemetery, Public

SUP

Cemetery, Private

B

Civic Club, Private
Communications
Services
Community/
Cultural Center
Community Garden
Educational Facility,
Post-Secondary or
Professional
Educational Facility,
Primary or Secondary
Privately Owned
Public Space
Public Parks
and Recreation
Public Use
Recreation Facility,
Neighborhood
Recreation Facility,
Non-Commercial

SUP

B

B

B

B

B

B

B

SUP

SUP

SUP

SUP

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B
B

B

B

B

B

B

B

B
B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

SUP

SUP

SUP

SUP

B

B

B
B

B

B

B

7-6-2
B
B

B
B

7-6-1

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B
B

B

Draft Article 6 | Page 6-8

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

Shelter, Animal
Telecommunications
Facility
Telecommunications
Facility, Small Cell
Utility Service, Major
Utility Service, Minor

B

B

SUP

SUP

SUP

B

B

B

B

SUP

SUP

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

SUP
B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

MXD-3

MXD-2

M-2

M-1

B

ERC

B

B-3

R-6

B

B-2

R-5

B

B-1

R-4

B

RB

R-3

B

RTH

R-2

B

RMH

R-1

Religious Assembly

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

Use
Performance
Standards

7-6-3
7-6-4
B

B

B

7-6-5

B

B

B

7-6-6

B

B

Residential Uses
Adaptive Reuse,
Residential
Bed and Breakfast

B
SUP

SUP

SUP

SUP

Boardinghouse

SUP

SUP

SUP

SUP

Cottage Court

B

B

B

B

B

Dwelling, Duplex
Dwelling,
Manufactured Home
Dwelling, Multi-Family
Dwelling, Single
Family
Dwelling, Townhouse
Dwelling, Triplex
or Quadplex
Family Day Home
(1-4 Individuals)

SUP

B

B

B

B

7-7-2

B

B

B

B

B

B

B

B

B

B

B

B

B

7-7-3

B

B

B

B

B

B

B

B

7-7-1

Article 4,
Division 12

B

B

B

B
B

B

B

B

7-7-4

B

7-7-5

B

B
B

B

B
B

Draft Article 6 | Page 6-9

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

B

B

B

B

B

B

B

B

B

Life Care Facility
Manufactured
Home Park
Shelter, Residential

SUP

B

B

MXD-3

B

MXD-2

B

M-2

B

M-1

B

ERC

B

B-3

B

B-2

B

B-1

SUP

RB

R-3

SUP

RTH

R-2

SUP

R-6

R-1

SUP

R-5

R-1A

SUP

R-4

A
Family Day Home
(5-12 Individuals)
Family Health Care
Structure, Temporary
Group Home

RMH

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

7-7-6

SUP

B
B/
SUP

Short-Term Rental

B/
SUP

SUP
B/
SUP

Use
Performance
Standards

7-7-7
SUP

B/
SUP

B/
SUP

SUP
B/
SUP

SUP
B/
SUP

B/
SUP

B/
SUP

7-7-8

B

B

7-8-1

Miscellaneous
Amateur Radio
Antenna
Aviation Facility
Construction
Temporary Uses
Mixed-Use Structure,
Commercial/Industrial
Mixed-Use Structure,
Commercial/
Residential
Parking Lot or
Structure, Off-Site
Parking Lot,
Recreational Vehicle
Storage

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B

B
B

B

A

SUP

SUP

B

B

B

B

B

B
B

B

SUP

7-8-2
B

B
B

B

B

B

B

B

B

7-8-3

B

7-8-4

B
B

7-8-4
B
7-8-5

Draft Article 6 | Page 6-10

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 6 – Use Matrix
Table 6-1. Use Matrix.

B

MXD-3

B

MXD-2

B

M-2

B

M-1

B-3

B

ERC

B-2

RB

RTH

RMH

R-6

R-5

R-4

R-3

R-2

R-1

B-1

Transportation Facility

R-1A

A

Use

MXD-1

Primary Zoning Districts
A = Accessory Use | B = By Right | SUP = Special Use Permit
B/SUP = By Right unless threshold triggers SUP | Blank = Not Permitted

Use
Performance
Standards

B

Draft Article 6 | Page 6-11

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards

ARTICLE 7. Use Performance Standards.1
Division 1. General.
Section 7-1-1. Purpose and Intent.
The following additional regulations apply to specific uses as set forth below. These regulations are
intended to serve as the minimum standards for these uses and are not intended to exclude other
provisions of this Ordinance that may apply. The standards set forth in this Article for a specific use
apply to the particular individual use, regardless of the review procedure by which it is approved,
unless otherwise specified in this Ordinance.

Section 7-1-2. Conformance with Other Regulations.
(A) Each use provided in this Article may also require additional permits and approvals, including
but not limited to:
(1) SUP;
(2) Zoning Permit;
(3) Site Plan approval;
(4) Business license;
(5) Building, environmental, and health permits.

Division 2. Accessory Use Standards.
Section 7-2-1. Accessory Structure.
(A) Purpose and Intent. The purpose of this section is to establish development standards and
location regulations for Accessory Structures, as defined in Article 11, Definitions, of this
Ordinance.
(B) Exemptions. Residential Accessory Structures including, but not limited to, flag poles,
basketball hoops, clotheslines, arbors, swings, structures less than 6 sq. ft., or residential yard
ornaments will be exempt from the minimum setback, lot area, and certification requirements
as specified in this Section.
(C) Setbacks.
(1) All Accessory Structures shall be setback at least 5 ft. from all rear and side property lines.
(2) If the Accessory Structure is more than 1 story tall, it shall adhere to the setbacks
established for the principal structure in the underlying zoning district.

1

Editor’s Note: All use standards are newly introduced unless otherwise noted.

Draft Article 7 | Page 7-1

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
(3) Accessory Structures shall be setback at least 15 ft. from the principal structure.
(4) Accessory Structures are prohibited in front setbacks or in the front yard of a building.
(D) Height. All Accessory Structures shall adhere to the maximum height requirements established
for the underlying zoning district.
(1) In no case shall an Accessory Structure be taller than the principal structure.
(E) Development Standards. Accessory Structures shall:
(1) Be located on the same lot as the principal use or building served.
(2) Not be used or occupied unless the principal structure is also in use or occupied, except
for properties in the A district.
(3) Shall cover no more than 30% of the area when accessory to single-family detached
dwellings within the minimum required rear yard.
(4) The aggregate floor area of all Accessory Structures on the property must not exceed 40%
of the gross floor area of the principal structure.
(i)

Accessory Structures in the A district are exempt from this provision.

Section 7-2-2. Drive-Through Facility.
(A) Access.
(1) Access points shall be kept clear at all times. The Zoning Administrator may determine the
number of required accesses.
(2) All drive-through window facilities shall be located and designed so that vehicular
circulation does not conflict with traffic movements in adjacent streets, service drives,
and/or parking areas.
(B) Setbacks. Drive-through window openings shall be located at least 15 ft. from any property line.
(C) Location. All drive-through windows shall be located to the side or rear of the principal structure.
(D) Stacking Lanes.
(1) Stacking lanes, along with associated drive-through windows and order speakers, shall be
located to the side or rear of the principal structure and shall not be adjacent to any street
right-of-way. See Figure 7-1.
(2) The Zoning Administrator may exempt stacking spaces from the above requirements, if it
can be demonstrated that there is no reasonable alternative.

Draft Article 7 | Page 7-2

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
Figure 7-1. Stacking Spaces.

(3) Stacking spaces shall not interfere with the travel way traffic or designated parking spaces.

Section 7-2-3. Dwelling, Accessory.
(A) Limitations.
(1) An Accessory Dwelling is allowed as an accessory use to the following residential uses, as
defined in Article 11, Definitions, of this Ordinance.
(i)

Dwelling, Single Family; or

(ii) Dwelling, Duplex.
(2) The property owner shall occupy either the principal dwelling or the Accessory Dwelling as
their primary residence.
(3) An Accessory Dwelling may be within (e.g., a basement or upstairs apartment), attached
to, or be detached from (e.g., a guesthouse) the principal dwelling.
(B) General Standards. The following standards apply to all Accessory Dwellings:
(1) All Accessory Dwellings shall obtain all proper permits and comply with all applicable
requirements of VDH and the USBC.
(2) A recreational vehicle, travel trailer, camper, or similar vehicle shall not be used as an
Accessory Dwelling.
(3) Utilities for Accessory Dwellings shall not be separately metered and must be connected
to the principal dwelling’s utility systems.

Draft Article 7 | Page 7-3

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
(4) Where public sewer is not provided, Accessory Dwellings will only be permitted upon
approval from VDH.
(C) Development Standards.
(1) Minimum Lot Area.
(i)

Attached Accessory Dwellings: 5,000 sq. ft.

(ii) Detached Accessory Dwellings: 8,000 sq. ft.
(2) Density. Maximum of 1 Accessory Dwelling per lot.
(3) Parking. One off-street parking space shall be provided for the Accessory Dwelling in
addition to any required parking in Article 8, Community Development Standards, of this
Ordinance.
(4) Square Footage. The floor area of an Accessory Dwelling shall not exceed 800 sq. ft.
(i)

An Accessory Dwelling that is contained within a single-unit dwelling, such as a
basement or attic, must not exceed the existing finished square footage of the primary
dwelling’s first floor footprint.

(D) Attached Accessory Dwellings. In addition to (A) through (C), above, the following standards
apply for attached Accessory Dwellings, as defined in Article 11, Definitions, of this Ordinance:
(1) Attached Accessory Dwellings may be connected by a common wall or connected by a
breezeway, provided the breezeway does not exceed 10 ft. in length.
(2) Exterior entrances to an Accessory Dwelling in a principal structure shall be located so as
to appear as a single-unit dwelling.
(E) Detached Accessory Dwellings. In addition to (A) through (C), above, the following standards
apply for detached Accessory Dwellings, as defined in Article 11, Definitions, of this Ordinance:
(1) Detached Accessory Dwellings shall only be permitted in the rear yard of the property.
(2) All detached Accessory Dwellings shall be setback at least 5 ft. from all rear and side
property lines, and at least 15 ft. from the principal structure.
(3) All detached Accessory Dwellings shall adhere to the maximum height requirements
established for the underlying zoning district.
(i)

In no case shall a detached Accessory Dwelling be taller than the principal structure.

(4) Accessory Dwellings shall be architecturally compatible to the principal dwelling.

Draft Article 7 | Page 7-4

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
Figure 7-1. Accessory Dwelling Types.

Section 7-2-4. Home Occupation.2
(A) Location. All activities associated with a Home Occupation shall be contained to the principal
structure.
(B) Size of Use. The maximum area permitted in conjunction with a Home Occupation shall not
exceed 25% of the floor area of the principal dwelling.3
(C) Employees and Customers.
(1) All employees of the Home Occupation shall reside in the principal structure as their
primary residence and shall be related to the owner by blood or by marriage.
(2) Administrative approval shall be received for home occupations where customers visit the
site prior to commencement of operations.
(i)

Customer visits shall be by appointment only.

(ii) No more than two customers shall be permitted on the premises at any given time.
(iii) In no case shall customers be permitted to visit between the hours of 8:00 p.m. and
8:00 a.m., seven days a week.
(D) General Standards.
Editor’s Note: Provisions have been retained from Article 23, Section 4(36) and applied to home occupations for home
office and business uses.
3
Editor’s Note: A metric of 25% of the floor area has been introduced for all home occupations to replace the current
Ordinance’s requirement of a 4,500 SF building with up to 1,500 SF of the first floor permitted for a home office.
2

Draft Article 7 | Page 7-5

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
(1) There shall be no change in the exterior of the structure and/or property to indicate the
Home Occupation use.
(2) One sign shall be permitted, in accordance with Article 8, Community Development
Standards, of this Ordinance.
(i)

Maximum sign size shall be 1 sq. ft.4

(3) Materials and supplies associated with the Home Occupation shall be limited to just-intime delivery and storage practices. On-site bulk storage is prohibited.
(i)

All deliveries shall occur at the principal structure.

(4) Exterior storage of business-related equipment, trailers, materials, or merchandise is
prohibited.
(5) The type of traffic generated by the Home Occupation shall be consistent with the type of
traffic of other dwellings in the area.
(6) The Home Occupation shall not increase the demand on public water, public sewer, or
garbage collection services to the extent that its use combined with the residential use of
the dwelling shall not be significantly higher than is normal for residential uses.
(7) For Home Occupations related to personal services such as barber shops and salons,
there shall be a maximum of one-chair or customer station on-site.
(E) Prohibited. The following businesses shall be prohibited as Home Occupations and shall be
permitted in accordance with Article 6, Use Matrix, of this Ordinance:
(1) Consumer Repair Services;
(2) Equipment Sales, Service, and Repair (Heavy); and
(3) Vehicle Sales and Rental; Vehicle Service.

Section 7-2-5. Outdoor Storage.
(A) Applicability. The provisions of this Section shall apply to all principal uses with Outdoor Storage,
as defined in Article 11, Definitions, of this Ordinance.
(B) Intent. The following standards are intended to mitigate impacts of Outdoor Storage as a
principal use, or as an accessory use to commercial and industrial businesses. Examples
include construction materials, such as stacks of lumber or stone; equipment; surplus goods;
among other items.
(C) Location. No Outdoor Storage shall be located within 50 ft. of a planned development district or
a residentially used or zoned property.
(D) Screening, Buffering, and Landscaping.
(1) Outdoor Storage areas shall be screened by a solid wall or fence, including solid entrance
and exit gates, not less than 6 ft. nor more than 10 ft. in height. All walls and fences shall
4

Editor’s Note: Maximum sign size of 1 SF is retained from the existing definition of Home Occupation in Article 3, Section 2.

Draft Article 7 | Page 7-6

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
have a uniform and durable character, be properly maintained, and in accordance with
Article 8, Community Development Standards, of this Ordinance.
(2) When walls and fences are adjacent to commercial, residential, or planned development
districts, a landscaped buffer shall be provided to break visibility of the fence in accordance
with Article 8, Community Development Standards, of this Ordinance.
(3) Outdoor Storage shall be located on the side or rear of the main structure and screened
from view from any adjacent roadway.
(4) No wall or fence screening a storage area shall encroach into a sight distance triangle.
(5) Parts, materials, and equipment stored in a storage area shall not be stacked and/or piled
higher than the screening wall or fence.

Division 3. Agricultural Use Standards.5
Section 7-3-1. Agricultural Operation.
(A) General Standards.
(1) Bona fide Agricultural Operations in accordance with Code of Virginia § 3.2-300 shall
operate under in accordance with a Conservation Farm Management Plan approved by the
Appomattox Soil and Water Conservation District or the U.S. Natural Resources
Conservation Services.

Section 7-3-2. Agritourism.
(A) Applicability. This section applies only to Agritourism-related events and activities and does not
apply to the Agricultural Operation itself.
(1) Any Agritourism event may be held only if the bona fide Agricultural Operation to which it is
subordinate has:
(i)

A minimum of 5 acres of land in active agricultural production on-site, or on any
abutting lot under the same ownership; and

(ii) At least one growing season per calendar year.
(B) General Standards.
(1) Noise.
(i)

There shall be no amplified music between 10:00 p.m. and 7:00 a.m., 7 days per week.

(ii) All noise shall comply with Chapter 50, Article II, Noise of the City Code of Ordinances.
(2) Structures. Any structure intended for occupancy by visitors to an Agritourism activity shall
provide emergency vehicle access and fire safety measures to the extent permissible under

Editor’s Note: The Future Land Use Map (FLUM) does not include Agricultural designations, but since there is existing
Agricultural zoning, state code requires that certain agriculture-related uses be permitted.
5

Draft Article 7 | Page 7-7

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
Code of Virginia § 36-99(B) and Va. Administrative Code § 13 VAC 5-63-20 and § 13 VAC 563-200.
(3) Sanitary Facilities. Sanitary facilities used in conjunction with an Agritourism activity shall
be provided in accordance with the standards of the Virginia Sewage Handling and
Disposal Regulations (12VAC5-610-980).
(4) Food and Beverage. The preparation, manufacture, packing, storage, distribution, or sale
of all food items shall be done in accordance with applicable federal, state, and local laws
and regulations, including Code of Virginia §§ 3.2-5105 through 3.2-5119.
(5) Access. All Agritourism operations must have a minimum of one access point to a public
road which must be approved and in accordance with City standards for commercial
entrances.
(6) Parking. Parking must be located on-site or on abutting lots owned by the Agritourism
professional.
(i)

Parking is not permitted in public rights-of-way.

(ii) Parking is not required to be on a paved surface, provided that any land disturbing and
unauthorized discharge is consistent with other applicable law.
(a) If grass parking areas are used, they must:
i.

Be maintained to grass height of no more than 6 in. from grade; and

ii.

Be maintained in good condition with uniform grass coverage and free from
rill or gully erosion.

(7) Trip Generation. The event or activity must generate no more than 350 visitor vehicle trips
per day and each event or activity must have 650 or fewer attendees at any single time.
(i)

An Agritourism operation anticipating higher trip generation may be considered
through a SUP in accordance with Article 3, Permits and Applications, of this
Ordinance.

Section 7-3-3. Farm Stand.
(A) Location and Setbacks. A farm stand shall be located:
(1) On a parcel that is actively engaged in agricultural production or is directly adjacent to
such a parcel under common ownership;
(2) At least 15 ft. from a public right-of-way; and
(3) At least 25 ft. from any lot line abutting a residential district or use.
(B) Hours of Operation. Hours of operation shall be between 7:00 a.m. to 8:00 p.m.
(C) Product Origin and Sales. Products must be produced on-site by the farm stand’s owner or
operator.
(D) Structures.
Draft Article 7 | Page 7-8

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
(1) Farm stands may operate out of a temporary structure such as a tent, or a permanent
structure.
(2) Temporary structures must be fully set up before sales begin each day and removed in their
entirety at the close of business.
(3) Permanent structures shall require a site plan in accordance with Article 3, Permits and
Applications.
(4) The total combined area of all temporary and permanent structures shall not exceed 800
sq. ft.
(E) Parking.
(1) A minimum of 2 parking spaces shall be provided for customers, plus at least 1 parking
space for employees.
(2) For farm stands operating from temporary structures, the parking requirements of Article
8, Community Development Standards, may be reduced or waived by the Zoning
Administrator based on the scale, duration, and expected traffic of the operation.
(F) Signage. One non-illuminated sign identifying the farm stand is permitted, not to exceed 32 sq.
ft. in area.
(G) Noise. All noise shall comply with Chapter 14, Article II, Noise, of the Petersburg City Code.
(1) There shall be no amplified sound at any time.

Section 7-3-4. Silvicultural Operation.
(A) General Standards.
(1) Bona fide Silvicultural Operations in accordance with Code of Virginia § 10.1-1126.1 shall
operate under a Forest Management Plan approved by the Virginia Department of Forestry
or U.S. Natural Resources Conservation Service.

Division 4. Commercial Use Standards.
Section 7-4-1. Adult Use.
(A) Distance Between Uses.
(1) Measurement of Distance.
(i)

All distances specified in this Section shall be measured from the property line of the
Adult Use to the nearest boundary line of the use specified in (A)(2), below.

(2) Minimum Distance.

Draft Article 7 | Page 7-9

City of Petersburg Zoning & Subdivision Ordinance Update
Draft Article 7 – Use Performance Standards
(i)

No Adult Use shall be established within 500 ft. of: 6
(a) Any parcel in a residential or planned development zoning district;
(b) A designated historic district;
(c) The following uses:
i.

Adult Use;

ii.

Bed and Breakfast;

iii.

Casino Gaming Establishment;

iv.

Day Care Center;

v.

Educational Facility, Post-Secondary or Professional;

vi.

Educational Facility, Primary or Secondary;

vii. Hotel;
viii. Nursing Home;
ix.

Pawnshop;

x.

Public Parks and Recreation;

xi.

Public Use; or

xii. Religious Assembly.
(ii) No Adult Use shall be established within 2,000 ft. of a Short-Term Loan
Establishment.7
(B) Hours of Operation. No Adult Use shall be open:
(1) Prior to 9:00 a.m. or later than 11:00 p.m.;
(2) More than 12 hours within any 24-hour period; or
(3) More than 72 hours in any week.
(C) Design Standards.
(1) Signs shall not include graphic or pictorial depiction of material available on the premises.
(2) No adult use shall display adult media, depictions of specified sexual activities or specified
anatomical areas in its window, or in a manner visible from the street, highway, or public
sidewalk, or the property of others.
(3) Window areas shall remain transparent.
Editor’s Note: The minimum distance of 500 ft. to various other uses has been retained from Article 15, Section 2(16)
through (19).
7
Editor’s Note: The minimum distance of 2,000 ft. to a Short-Term Loan Establishment has been retained from Article 23,
Section 4(40).
6

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Section 7-4-2. Car Wash.
(A) Design Standards.
(1) Car Washes shall be located and designed so that vehicular circulation does not conflict
with traffic movements and pedestrian access within adjacent streets, service drives,
and/or parking areas.
(2) The site must be designed to minimize the potential for turning movement conflicts and to
facilitate safe and efficient on-site circulation.
(3) An appropriately sized and designed in-ground grease and oil separator device shall be
installed on-site and properly maintained to prevent grease and oil entry into the
wastewater system.
(4) An automatic water reclamation system shall be used to recover a minimum of 70% of the
rinse water for reuse.
(B) Prohibited. No sales, repair, or outside storage of motor vehicles shall be conducted on-site.
(C) Hazardous Materials Standards.
(1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous
materials, or flammable substances into any public sewer, storm drainage, or other surface
waters is prohibited.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the City and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all City departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum
product, chemical waste, or other hazardous substance on the property. The
owner/operator shall assume full responsibility for all public and private expenses incurred
in the clean-up of such spills.

Section 7-4-3. Consumer Repair Services.
(A) Operations and Storage.
(1) All repair activities shall occur entirely within an enclosed building. No repairs, assembly,
or disassembly of products or equipment shall occur outdoors.
(2) There shall be no outdoor display or storage of materials, products, or equipment.

Section 7-4-4. Day Care Center.
(A) All Day Care Centers shall provide outdoor recreation area, in accordance with the standards
established or recommended by the Virginia Department of Education (DOE) Office of Child
Care Health and Safety.
(1) Outdoor recreation area shall only include that area:
(i)

Not covered by buildings or off-street parking areas;
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(ii) Outside the limits of required front yards and buffer areas; and
(iii) Which is suitable for, and designed to accommodate, active outdoor recreation
activities and facilities appropriate to the ages of the individuals served and for which
a license is issued.
(2) All outdoor recreation areas shall be enclosed by a fence at least 4 ft. in height.
(B) All licenses, permits, and approvals from applicable regulatory agencies shall have been
received prior to the use being established.

Section 7-4-5. Event Facility/Banquet Hall.
(A) Noise. All noise shall comply with Chapter 50, Article II, Noise, of the City Code.
(1) There shall be no amplified noise between 11:00 p.m. and 8:00 a.m., seven days per week.
(B) Occupancy Limitations. For all indoor and outdoor areas, occupancy limits shall comply with all
local and state laws and building codes.
(C) Sanitary Facilities. Sanitary facilities shall be provided in accordance with the standards of the
Virginia Sewage Handling and Disposal Regulations (12VAC5-610-980).
(D) Temporary Elements. Temporary tents, fencing, seating, catering arrangements, and other
elements of an event may be used during the event only and shall be removed within 24 hours
after the event concludes, and the site shall be returned to its normal condition.

Section 7-4-6. Farmers Market.
(A) Administration.
(1) Zoning Permit applications shall be in accordance with Article 3, Permits and Applications,
of this Ordinance, and shall provide the following:
(i)

A Market Plan detailing vendor information, site layout, signage, and waste
management measures.

(ii) Confirmation that all vendors hold a valid City of Petersburg business license.
(iii) Description of the days of the week and hours of operation.
(iv) Valid permits, if applicable, from VDH and/or Virginia Department of Agriculture and
Consumer Services (VDACS).
(v) Proof of adequate liability insurance.
(vi) If located on private property not owned by the City of Petersburg, written permission
from the owner(s) of the property upon which the Farmers Market will operate.
(B) Structures and Setup.
(1) Temporary structures (e.g., tents, canopies, tables) are permitted and must be removed at
the conclusion of each market day.

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(2) Permanent structures shall require a site plan in accordance with Article 3, Permits and
Applications.
(C) Signage.
(1) One non-illuminated sign identifying the market, not exceeding 32 sq. ft., shall be
permitted.
(2) Temporary signs for individual vendor identification, menus, pricing, or product
descriptions are allowed during market hours and are not counted toward the signage
limitation, provided that such signs are contained within the vendor’s sales area and are
removed at the conclusion of each market day.
(D) General Standards.
(1) All waste must be properly disposed of, and the market area must be left in a clean and
sanitary condition.
(2) No storage of vehicles, canopies, display items, or products is permitted when the market
is not in operation.

Section 7-4-7. Farmers Market, Mobile.
(A) Administration.
(1) Zoning Permit applications shall be in accordance with Article 3, Permits and Applications,
of this Ordinance, and shall provide the following:
(i)

Confirmation that all vendors hold a valid City of Petersburg business license.

(ii) Description of the days of the week and hours of operation.
(iii) Valid permits, if applicable, from VDH and/or VDACS.
(iv) Proof of adequate liability insurance.
(B) General Standards.
(1) All waste must be properly disposed of at the conclusion of each market sales period, and
the market area must be left in a clean and sanitary condition.

Section 7-4-8. Farmers Market, Popup.
(A) Administration.
(1) Zoning Permit applications shall be in accordance with Article 3, Permits and Applications,
of this Ordinance, and shall provide the following:
(i)

A Market Plan detailing vendor information, site layout, signage, and waste
management measures.

(ii) Confirmation that all vendors hold a valid City of Petersburg business license.
(iii) Description of the days of the week and hours of operation.
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(iv) Valid permits, if applicable, from VDH and/or VDACS.
(v) Proof of adequate liability insurance.
(vi) If located on private property not owned by the City of Petersburg, written permission
from the owner(s) of the property upon which the Farmers Market will operate.
(B) Structures and Setup.
(1) All temporary structures must be removed at the conclusion of the market.
(C) Signage.
(1) Temporary signs for individual vendor identification, menus, pricing, or product
descriptions are allowed during market hours and are not counted toward the signage
limitation, provided that such signs are contained within the vendor’s sales area and are
removed at the conclusion of each market day.
(D) General Standards.
(1) All waste must be properly disposed of, and the market area must be left in a clean and
sanitary condition.

Section 7-4-9. Garden Center/Commercial Greenhouse.
(A) General Standards.
(1) All outdoor storage areas shall:
(i)

Adhere to the requirements of Section 7-2-5 of this Article; and

(ii) Not be located in the front yard of the Garden Center/Commercial Greenhouse.

Section 7-4-10. Gas Station, General; Gas Station, Major.
(A) Location and Dimensional Requirements.
(1) Entrances to the gas station shall be minimized and located in a manner promoting safe
and efficient traffic circulation while minimizing the impact on the surrounding
neighborhood.
(2) All fuel pump islands, compressed air connections, and similar equipment shall be a
minimum of 15 ft. from any property line.
(3) No driveway or access point shall exceed 24 ft. in width for two-way entrances or 12 ft. for
one-way entrances, unless otherwise permitted by the Director of Public Works and/or
Zoning Administrator.
(4) There shall be a minimum distance between driveways of 25 ft. unless such driveways are
less than 5 ft. apart.
(B) Screening.
(1) A 6 ft. solid fence, wall, or landscaping shall be provided along all property lines separating
the site from any residentially zoned district or lot containing any residential dwelling unit.
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(2) Dumpsters or other refuse shall be screened in accordance with Article 8, Community
Development Standards, of this Ordinance.
(C) General Standards.
(1) There shall be no outdoor storage.
(2) Outdoor speakers shall not be audible beyond the property lines.
(3) Sales of limited fuel oil or bottled gas is permitted as an accessory use.
(4) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be
removed upon cessation of the use for a period of more than 1 year.
(5) The Zoning Administrator may require a TIA to be provided by the applicant. Such analysis
may include, but not be limited to, the proposed traffic flows, sight visibility for emerging
vehicles, and other public safety factors.
(6) Gas Station, General and Gas Station, Major shall not be located:
(i)

Within 1,500 ft. from another Gas Station, General or Gas Station, Major; or

(ii) Within 1,000 ft. of the following residential uses:
(a) Dwelling, Single Family;
(b) Dwelling, Duplex;
(c) Dwelling, Triplex or Quadplex; or
(d) Dwelling, Townhouse.
(D) Design Standards.
(1) Gas canopies shall be:
(i)

Compatible with the principal structure with regard to design, material, roof pitch, and
architectural style;

(ii) Located to the side or rear of the principal structure; and
(iii) Buffered from residential uses and districts with Transitional Buffer Type B, as
established in Article 8, Community Development Standards, of this Ordinance.
(2) Under-canopy lighting shall consist of recessed, flat lens fixtures.
(3) An appropriately sized and designed in-ground grease and oil separator device shall be
installed on-site and properly maintained to prevent grease and oil entry into the
wastewater system.
(4) One (1) automated car wash station may be permitted as an accessory use, provided it is
placed at the rear of the principal structure and does not obstruct access, circulation, or
required parking areas.
(E) Hazardous Materials Standards.
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(1) All hazardous materials shall be handled, recycled, or disposed of according to federal,
state, and local laws.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the City and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all City departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum
product, chemical waste, or other hazardous substance on the property. The
owner/operator shall assume full responsibility for all public and private expenses incurred
in the clean-up of such spills.
Figure 7-2. Example of General and Major Gas Station Standards.

Section 7-4-11. Gas Station, Limited.
(A) General.
(1) There shall be a maximum of 2 pumps or 4 fueling stations.
(2) Car wash facilities, vehicle repair, drive-through facilities, or large vehicle refueling shall not
be permitted as accessory uses.
(B) Screening.
(1) A 6 ft. solid fence, wall, or landscaping in accordance with Transitional Buffer Type A in
Article 8, Community Development Standards, of this Ordinance, shall be provided along
all property lines separating the site from any residentially zoned district or lot containing
any residential dwelling unit.

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(2) Service and utility areas, such as dumpsters, loading docks, and mechanical equipment
shall be fully screened in accordance with Article 8, Community Development Standards,
of this Ordinance.
(C) General Standards.
(1) There shall be no storage of automobiles, trailers, recreational vehicles, boats, or similar
equipment outdoor storage.
(2) Outdoor speakers shall not be audible beyond the property lines.
(3) Sales of limited fuel oil or bottled gas is permitted as an accessory use.
(4) Fuel dispensers, pump islands, overhead canopy, and air and water dispensers shall be
removed upon cessation of the use for a period of more than 1 year.

Section 7-4-12. Hotel.
(A) Design Standards.
(1) All individual guest rooms shall only be accessible from the interior of the building. In no
case shall individual guest rooms be directly accessible from the exterior of the building.
(2) All stairwells, corridors, and circulation components of the building must be completely
enclosed within the building envelope.
(B) General Standards.
(1) Continuous on-site management shall be provided 24 hours a day, seven days a week.
(2) No occupational tax/business license shall be issued for any business operating from any
guest room.
(3) All hotels shall be required to maintain a security camera system covering the parking lot
and the registration/front desk area.
(i)

The system shall have a minimum of 3 outdoor cameras and 2 indoor cameras.

(ii) Cameras shall be checked weekly by the hotel owner/operator to ensure they are
working properly.
(iii) The video footage shall be maintained for at least 30 days.
(iv) The camera system shall have a mechanism to export the video to disk or flash drive
for use by the City of Petersburg Bureau of Police.
(C) In addition to the standards of this Section, all hotels shall comply with:
(1) All applicable standards of the Virginia USBC; and
(2) Sections 26-1 and 26-2 of the City Code.

Section 7-4-13. Kennel, Commercial.
(A) Location.
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(1) Facilities must be located in a fully enclosed soundproofed building, unless outdoor areas
meet the standards provided in (B)(2), below.
(2) Outdoor activity areas, if provided, shall be located:
(i)

At least 75 ft. from any residentially zoned property;

(ii) At least 35 ft. from all property lines; and
(iii) Not located in the front yard.
(B) General Standards.
(1) All indoor and outdoor areas shall be kept free of waste on a regular basis so as not to be
noticed by adjacent parcels due to odors and pests.
(2) Outdoor activity areas, including runs and play areas, shall be:
(i)

Screened from view with a 6-ft. solid fence or wall and landscaping in accordance with
Article 8, Community Development Standards, of this Ordinance.

(ii) Limited to use between the hours of 8:00 a.m. and 8:00 p.m., except as needed for
general nighttime care and emergencies.
(3) All boarded animals shall be kept within a totally enclosed portion of the site between the
hours of 8:00 p.m. and 8:00 a.m., except as needed for general nighttime care and
emergencies.

Section 7-4-14. Manufactured/Modular Home Sales.
(A) Location. No manufactured home for sale shall be placed in any minimum:
(1) Setback;
(2) Required front yard; or
(3) Required buffering area.
(B) Lot Area.
(1) Minimum lot area shall be 2.5 acres.
(2) Each manufactured home for sale shall have a minimum area of 2,500 sq. ft. if single-wide,
and 3,500 sq. ft. if double-wide.
(C) General Standards.
(1) The storage of used manufactured homes on the premises which are not suitable for
occupancy shall be prohibited.
(2) All manufactured homes on the premises shall have skirting on all 4 sides.
(3) All manufactured homes on the premises shall be maintained in clean, undamaged
condition.
(4) The vertical stacking of manufactured homes is prohibited.
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Section 7-4-15. Marina, Commercial.
(A) Administration. A Site Plan in accordance with Article 3, Permits and Applications, shall be
submitted with the following additional information:
(1) Water depths and currents;
(2) Location of proposed structures;
(3) Any existing wetlands or vegetation in the project area; and
(4) A copy of the completed Joint Permit Application from the Virginia Marina Resources
Commission, Army Corps of Engineers, DEQ, and other agencies as applicable.
(B) Accessory Uses. Uses customarily accessory to a commercial marina, including but not limited
to fuel sales, boat repair, marine supply retail, watercraft rental, and restaurants, shall be
permitted, provided they are clearly incidental and subordinate to the marina use.
(C) Compliance. Required approvals from all relevant agencies must be secured prior to zoning
approval. All Marina, Commercial developments shall comply with:
(1) The applicable design guidance from the Virginia Marine Resources Commission;
(2) Chapter 122, Article II, Chesapeake Bay Preservation Areas, of the City Code; and
(3) Any relevant federal or state permitting requirements.
(D) Public Access.
(1) All waterfront development shall be designed to maintain or enhance public views and
physical access to the water and shoreline.
(2) All designated public access areas shall include clear and visible signage indicating the
public’s right of access. Public use may be limited to daylight hours unless otherwise
approved.
(3) Access paths shall connect existing streets and sidewalks to the shoreline or recreation
areas to the extent practicable, in accordance with Article 8, Community Development
Standards.
(4) The Planning Director may modify public access requirements if:
(i)

The site poses safety hazards beyond development-related impacts;

(ii) Inherent security requirements cannot be satisfied;
(iii) Access would interfere with the primary use of the site;
(iv) The cost of providing the access is unreasonably disproportionate to the total cost of
the proposed development; or
(v) Public access at the particular location does not offer a recreational benefit.

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(E) Building Siting and Design. Buildings shall face public rights-of-way or public spaces such as
walkways and parks, in accordance with Article 8, Community Development Standards, of this
Ordinance.
(F) Waterfront and Recreational Vehicle Storage. Watercraft and recreational vehicle storage as an
accessory use to Marina, Commercial shall conform with the standards of Parking Lot,
Recreational Vehicle Storage, as provided in Section 7-8-4 of this Article.

Section 7-4-16. Nightclub.8
(A) Administration.
(1) Nightclubs may be permitted as an accessory use to a Casino Gaming Establishment or
with a SUP as a principal use.
(2) All applications for a Nightclub use shall include a management program and security plan
with required elements as follows:
(i)

Management Program.
(a) Staffing levels.
(b) Floor plan showing the general arrangement and seating capacity of tables and
bar facilities, dance floor, and standing room areas and capacity.
(c) Total occupant load.

(ii) Security Plan.
i.

The employment of licensed security personnel trained in crowd control,
conflict resolution, and emergency response.

ii.

Procedures, features, arrangements, and staffing levels for security, crowd
management, and occupancy load management during and immediately
following hours of operation.

(B) SUP Review. All SUPs for nightclubs may be subject to review every 2 years from the date of
approval for confirmation of compliance with the conditions of approval.
(C) General Standards.
(1) Soundproofing measures shall be implemented to minimize noise within the
establishment and in the surrounding area, to prevent disturbances audible beyond the
property line with the doors closed.
(2) No door to the establishment which opens onto or faces a public right-of-way shall be
propped open during any time that entertainment is being provided.

Editor’s Note: Nightclub provisions have been retained from Article 23, Section 4(15), with revisions made for clarity.
Provisions regarding compliance with alcohol and beverage regulations have been removed; this would fall under the purview
of Virginia Alcoholic Beverage Control Authority (ABC). Provisions regarding business licensure have been removed; this is
generally stated in Section 7-1-2 to apply to all uses.
8

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(3) The floor plan shall be posted on the premises in a prominent location viewable by patrons.

Section 7-4-17. Outdoor Sales, Seasonal/Temporary.
(A) Permits.
(1) No more than 4 permits shall be issued for the same lot during a calendar year.
(2) No permit shall be issued to an applicant, unless or until:
(i)

A minimum of 30 consecutive days after a permit issued to that applicant for the same
or an adjacent lot or parcel has expired.

(B) Setbacks. The outdoor sales stand or display shall be setback at least 15 ft. from any public
right-of-way and outside any required landscape buffer.
(C) Hours of Operation. Hours of operation shall be limited to 7:00 a.m. to 8:00 p.m.

Section 7-4-18. Pawnshop.
(A) Hours of Operation. Hours of operation shall be limited to 9:00 a.m. to 8:00 p.m., seven days a
week.
(B) Distance from Uses. A new or relocated Pawnshop shall be located at least 1,000 linear ft. from
the closest property line of parcels containing the following uses:
(1) Adul Use;
(2) Casino;
(3) Day Care Center;
(4) Educational Facility, Primary or Secondary;
(5) Vape/Smoke Shop, On-Site and Off-Site Use; or
(6) Any residential dwelling.
(C) General Standards.
(1) All pawnshop owners/operators shall retain on the business premises all secondhand
articles for at least 15 calendar days from the date on which a copy of the bill of sale is
received.
(i)

Until the expiration of this period, the pawnshop owner/operator shall not sell, alter, or
dispose of a purchased item in whole or in part, or remove it from the City.

(ii) The City of Petersburg Bureau of Police shall be provided with immediate access to
articles and records of bills of sale upon request.
(2) If the pawnshop owner/operator performs the service of removing parts and/or repairing
articles purchased, they shall retain both the parts removed and the article from which the
removal was made for at least 15 calendar days after receiving such article.

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Section 7-4-19. Restaurant, Mobile.
(A) Applicability. The Zoning Administrator may waive any of the following requirements if the use is
in conjunction with a special event.
(B) Administration.
(1) Zoning Permit applications for Restaurant, Mobile shall be in accordance with Article 3,
Permits and Applications, of this Ordinance, and shall provide the following:
(i)

A valid City of Petersburg business license;

(ii) A valid permit from VDH stating that the mobile restaurant unit meets all applicable
standards. Such valid permit must be maintained for the duration of the Zoning Permit;
(iii) Valid registration documents from the Virginia Department of Motor Vehicles (DMV),
including both vehicle and trailer registration, as applicable;
(iv) Written permission from the owner(s) of the property upon which the Restaurant,
Mobile will operate;
(v) Description of the days of the week and hours of operation for proposed vending at
each proposed property; and
(vi) A sketch to be approved by the Zoning Administrator, for each property, that illustrates
access to the site, all parking areas, routes for ingress and egress, placement of the
mobile food unit, distance from the property lines, garbage receptacles and any other
feature associated with the Restaurant, Mobile.
(2) Trash and Waste.
(i)

Trash receptacles shall be provided, and all trash, refuse, or recyclables generated by
employees or patrons shall be removed from the site by the operator at the end of the
business day.
(a) Public trash receptacles shall not be used for compliance with this section.

(ii) No liquid or solid wastes shall be discharged from the vehicle or any associated
equipment.

Section 7-4-20. Retail Store, Alcoholic Beverage Sales.
(A) Location. A new or relocated Liquor Store shall be located at least 1,000 linear ft. from the
closest property line of parcels containing the following uses:
(1) Day Care Center;
(2) Educational Facility, Primary or Secondary;
(3) Pawnshop; or
(4) Vape/Smoke Shop, On-Site and Off-Site Use.

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Section 7-4-21. Retail Store, Small Box Discount.9
(A) A new or relocated Retail Store, Small Box Discount shall be located at least 2 miles from any
existing discount retail store.
(B) A minimum of 10% of floor space shall be dedicated to the sale of fresh foods as defined by the
United States Food and Drug Administration (FDA).

Section 7-4-22. Short-Term Loan Establishment.10
(A) Location. A new or relocated Short-Term Loan Establishment shall be located at least 2,000 ft.
from the closest property line of:
(1) Any parcel occupied by at least one of the following uses:
(i)

Adult Use;

(ii) Community/Cultural Center;
(iii) Educational Facility, Primary or Secondary;
(iv) Public Parks and Recreation;
(v) Public Use; or
(vi) Religious Assembly.
(2) Any parcel located in a residential zoning district or containing an existing residential use;
or
(3) Any parcel containing another Short-Term Loan Establishment.
(B) Facade Standards.
(1) Window transparency on the front façade shall be a minimum of 30%.
(2) Blackout windows are prohibited on any façade.
(3) Lights that flash, strobe, blink, or scroll shall not be placed in any window on any facade.

Section 7-4-23. Studio.
(A) All activity associated with the Studio shall occur within an enclosed structure.
(B) All activity associated with the Studio, if located in a residential district, shall not produce noise,
fumes, or odor detectable across the property line.

Editor’s Note: Retail Store, Small Box Discount provisions are retained from Article 23, Section 4(39), with minor revisions for
clarity.
10
Editor’s Note: Short-Term Loan Establishment provisions are retained from Article 23, Section 4(40), with minor revisions
for clarity.
9

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Section 7-4-24. Vape Shop; Cigar Lounge.11
(A) Location. All new or relocated Vape Shops or Cigar Lounges shall be located at least 1,000 linear
ft. from the closest property line of parcels containing the following uses:
(1) Day Care Center; or
(2) Educational Facility, Primary or Secondary.
(B) Hours of Operation. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m.
(C) On-Site Use. No smoking or vaping shall be permitted on the premises unless cigar lounge or
vape shop fully complies with the Virginia Indoor Clean Air Act.
(D) Facade Standards.
(1) Window transparency on the front façade shall be a minimum of 30%.
(2) Blackout windows are prohibited on any façade.
(3) Lights that flash, strobe, blink, or scroll shall not be placed in any window on any facade.

Section 7-4-25. Vehicle Rental; Vehicle Sales, New; Vehicle Sales, Used.
(A) Development Standards.
(1) No vehicle or equipment displays shall be located within a required setback, fire lane, travel
way, sidewalk, or landscaped area.
(2) No portion of the use, excluding required screening and landscape buffers, shall be located
within 100 ft. of a residential or planned development district or structure containing a
dwelling unit.
(B) General Standards.
(1) No vehicle or equipment displays will be located within a required setback, fire lane, travel
way, sidewalk, or landscaped area.
(2) All vehicles for sale shall be parked in a clearly striped parking space or display pad, as
shown on the approved Site Plan.
(i)

A minimum of 10 paved vehicle stock spaces are required.

(3) Elevated displays of vehicles are prohibited.
(4) All vehicles for sale or rental shall be operable and able to pass state inspection
requirements.
(5) All uses involving vehicle sales shall include a designated area for unloading new inventory,
which must not impede vehicular movement external to the site or block access to any
required parking spaces located on the site.

11

Editor’s Note: General Standards are retained from Article 23, Section 4, with minor revisions for clarity.

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(6) Any areas where vehicles are awaiting body repair, auction, painting, or wholesale sales
shall be screened from view from the public right-of-way and adjacent properties zoned for
residential or mixed-use in accordance with Article 8, Community Development
Standards, of this Ordinance.
(7) Vehicle Sales and Rental; Vehicle Service uses shall not operate a junkyard/salvage yard,
as defined in Article 11, Definitions, of this Ordinance.
(8) All Vehicle Sales and Rental; Vehicle Service uses shall be licensed and shall adhere to all
requirements of the Motor Vehicle Dealer Board as required in the Code of Virginia § 46.21508 and § 46.2-1510.
(9) The temporary on-site storage of vehicles awaiting repair, service, or removal shall be on
the side or rear of the principal structure and screened from view from any adjacent ROW
by a building, or by an opaque fence or wall, in accordance with Article 8, Community
Development Standards, of this Ordinance.
(i)

Temporary on-site storage of vehicles shall be 30 days or less.

(10) An appropriately sized and designed in-ground grease and oil separator device shall be
installed on-site and properly maintained to prevent grease and oil entry into the
wastewater system.
(11) Nothing, including vehicles and vehicle equipment, shall be displayed on the top of a
building.
(12) Minor repair and service of vehicles are permitted as an accessory use, provided they are
conducted inside a completely enclosed building and do not include body repair.
(i)

Overhead or garage doors of such service shall not face a public ROW or a residential
district or use.

(C) Hazardous Materials Standards.
(1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous
materials, or flammable substances into any public sewer, storm drainage, or other surface
waters is prohibited.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the City and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all City departments
identified in the Contingency Plan immediately in the event of a spill or any petroleum
product, chemical waste, or other hazardous substance on the property. The
owner/operator shall assume full responsibility for all public and private expenses incurred
in the clean-up of such spills.

Section 7-4-26. Veterinary Clinic/Hospital.
(A) Location. Except where animals are confined in soundproofed buildings, no portion of the use,
excluding required screening and landscape buffers, shall be located within:

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(1) 50 ft. from the property lines of adjoining residential zoned or planned development
property; and
(2) 100 ft. from any dwelling not on the associated parcel.
(B) General Standards.
(1) All exterior runs, play areas, or arenas shall be designed with a minimum 6 ft.-high opaque
screen from adjacent lot lines and street rights-of-way.
(2) Animal shelters shall be kept free of waste on a regular basis to minimize impacts of odor
and reduce propagation of pests.
(3) Waste disposal shall be in accordance with VDH standards.
(4) All animals shall be kept within a totally enclosed part of the structure(s) between the hours
of 10:00 p.m. and 7:00 a.m. This does not include leashed walking of animals.

Division 5. Industrial Use Standards.
Section 7-5-1. Battery Energy Storage Facility.
(A) Intent. This Section is not intended to abridge safety, health, environmental, or land use
requirements contained in other applicable laws, codes, regulations, standards, or ordinances.
This Section does not supersede or nullify any provision of local, State, or Federal law that
applies to Battery Energy Storage Facilities.
(B) Configuration. All Battery Energy Storage Facilities shall be configured so that battery cells shall
be placed in a Battery Energy Storage System (BESS) with a Battery Management System (BMS).
The BESS shall provide a secondary layer of physical containment to the batteries and be
equipped with cooling, ventilation, and fire suppression systems.
(C) Operation. Battery Energy Storage Facilities shall be constructed, maintained, and operated in
accordance with applicable codes and standards, including but not limited to applicable fire,
electrical, and building codes adopted by the City; National Fire Protection Association (NFPA)
855, Standard for the Installation of Stationary Energy Storage Systems, 2020 Edition and
subsequent additions; Underwriters Laboratories (UL) 9540A Ed. 4-2019, Standard for Test
Method for Evaluating Thermal Runway Fire Propagation in Battery Energy Storage Systems and
subsequent editions.
(D) Utilities. Public water, or an existing commercial well, and fire hydrants shall be available to the
property.
(1) All on-site utility lines shall be placed underground to the extent feasible and as permitted
by the serving utility, except for the main service connection at the utility company right-ofway and any new interconnection equipment, including without limitation any poles, with
new easements and ROWs.
(E) Screening. Sufficient screening and/or landscaping shall be necessary to ensure that facilities
are not visible from the public ROW. Facilities shall be fully screened on all sides from view,
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except from an adjacent parcel on the same side of the road with an electric substation or a
parcel that is zoned industrial.
(1) All screening and landscaping shall be in accordance with Article 8, Community
Development Standards, of this Ordinance.
(2) RPAs shall not be counted toward buffer requirements.
(3) Areas within 20 ft. on each side of battery energy storage system shall be cleared of
combustible vegetation and other combustible growth. Single specimens of trees,
shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants
used as ground covers shall be permitted to be exempt provided that they do not form a
means of readily transmitting fire. Removal of trees should be minimized to the extent
possible.
(F) Location and Setbacks. Due to their potentially combustible nature, the siting of Battery Energy
Storage Facilities and related equipment shall:
(1) Be located at least 200 ft. from any residential district, planned development district, or
dwelling;
(2) Be located at least 100 ft. from agricultural, commercial, or industrial districts, except for
an adjacent parcel with an electric substation to which the Battery Energy Storage Facility
will connect;
(3) Take advantage of existing topography, structures, and vegetation to provide extra
screening; and
(4) Prevent encroachment and runoff into wetlands, floodplains, and any other sensitive
environmental areas.
(G) Emergency Access.
(1) Access to the property for the Petersburg Department of Fire, Rescue, and Emergency
Services shall be provided in a manner acceptable to the Fire Chief.
(2) The owner or operator shall coordinate with the City of Petersburg Fire Chief to provide
materials, education, and/or training on how to safely respond to on-site emergencies.
Emergency personnel shall be given a key or code to access.
(H) Safety Operation Standards.
(1) Each Battery Energy Storage Facility shall install and maintain an automatic fire
alarm/detection system, fire suppression system, and other extinguishing technology built
in based on specific hazards, as approved by the City Fire Chief, under the direction of
NFPA 855 standards, as amended, and the Virginia Statewide Fire Prevention Code.
(2) The Battery Management System shall include 24/7 monitoring for individual battery
module voltages and temperatures, container temperature and humidity, off-gassing of
combustible gas, fire, ground fault and DC surge, and door access.

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(3) The Battery Management System shall be capable of shutting down the system before
thermal runaway takes place.
(I) Warning Signage. NFPA 704 placards shall be placed on building entrances along with emergency
contact information.
(J) Security fencing. The facilities shall be enclosed by security fencing.
(1) All security fencing shall be a minimum of 8 ft. in height and topped with razor/barbed wire,
as appropriate.
(2) All security fencing shall be placed behind the buffer and screened from view.
(3) A performance bond reflecting the costs of anticipated security fence maintenance shall
be posted and maintained.
(4) Failure to maintain the security fencing shall result in revocation of the Zoning Permit
following notice of violation and enforcement as provided in Article 2, Administration, of
this Ordinance.
(K) Decommissioning Plan. Applications for Battery Energy Storage Facilities shall include a
Decommissioning Plan to be implemented upon abandonment and/or in conjunction with
removal of the facility. All Decommissioning Plans shall be certified by an engineer or contractor
with demonstrated expertise in solar facility removal, and shall include the following:
(1) The anticipated life of the project;
(2) A narrative description of the activities to be accomplished, including who will perform that
activity and at what point in time, for complete physical removal of all components of the
Battery Energy Storage Facility;
(3) An estimated deconstruction schedule;
(4) A description of mediation procedures for the release of hazardous materials or other
emergency events during the decommissioning process.
(5) The estimated decommissioning cost in current dollars; and
(6) The estimated cost of decommissioning shall be guaranteed by bond, letter of credit, or
other security approved by the City.
(i)

The owner shall deposit the required amount into the approved escrow account before
any building permit is issued to allow construction of the Battery Energy Storage
Facility.

(ii) The escrow account agreement shall prohibit the release of the bond without the
written consent of the City. The City shall consent to the release of the bond upon on
the owner’s compliance with the approved Decommission Plan. The City may approve
the partial release of the bond as portions of the approved Decommission Plan are
performed.
(iii) The dollar amount of the bond shall be the full amount of the estimated
decommissioning cost without regard to the possibility of salvage value.
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(iv) The owner or occupant shall recalculate the estimated cost of decommissioning every
5 years. If the recalculated estimated cost of decommissioning exceeds the original
estimated cost of decommissioning by 10%, then the owner or occupant shall deposit
additional funds into the bond to meet the new cost estimate. If the recalculated
estimated cost of decommissioning is less than 90% of the original estimated cost of
decommissioning, then the City may approve reducing the amount of the bond to the
recalculated estimate of decommissioning cost.
(7) Decommission shall include removal of all battery energy storage system components,
structures, equipment, security barriers, and transmission lines from the site so that any
agricultural ground upon which the facility and/or system was located is again tillable and
suitable for agricultural uses.
(L) Emergency Plan. Applications for Battery Energy Storage Facilities shall include an Emergency
Plan that, at minimum, contains the following:
(1) Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under
emergency conditions to reduce the risk of fire, electric shock, release of hazardous
materials, and personal injuries, and for safe start-up following cessation of emergency
conditions.
(2) Procedures for inspection and testing of associated alarms, interlocks, and controls.
(3) Procedures to be followed in response to notifications from the Battery Energy Storage
Management System, when provided, that could signify potentially dangerous conditions,
including shutting down equipment, summoning service, and repair personnel, and
providing agreed upon notification to fire department personnel for potentially hazardous
condition in the event of a system failure.
(4) Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors,
damage to critical moving parts, or other potentially dangerous conditions. Procedures can
include sounding the alarm, notifying the fire department, evacuating personnel, deenergizing equipment, and controlling and extinguishing the fire.
(5) Procedures and schedules for conducting drills of these procedures and for training local
first responders on the contents of the plan and appropriate response procedures.

Section 7-5-2. Construction Material Sales.
Outdoor storage as an accessory use to Construction Materials Sales shall conform to the
standards of Outdoor Storage, as provided in Section 7-7-4 of this Article.

Section 7-5-3. Construction Yard.
(A) Outdoor storage as an accessory use to a Construction Yard shall conform with the standards
of Outdoor Storage, as provided in Section 7-7-4 of this Article.
(B) All areas of the Construction Yard shall be operated and maintained in such a manner as not to
allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and insects.

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Section 7-5-4. Crematorium.
(A) General. Crematorium operations shall be conducted in accordance with the Regulations of the
Board of Funeral Directors and Embalmers (18VAC65-20-10 et seq.) and the provisions of the
Code of Virginia § 54.1-2800 et seq.
(B) Setbacks. Crematoriums shall be located at least:
(1) 250 ft. from all property lines; and
(2) 500 ft. from the nearest property line of following uses:
(i)

Day Care Center;

(ii) Educational Facility, Primary or Secondary; or
(iii) Public Parks and Recreation.
(C) Accessory Use. When accessory to a funeral home, the following standards shall apply:
(1) The Crematorium shall not exceed 1 chamber unless otherwise approved as part of a SUP.
(2) Public access shall be limited to the funeral home entrance. No direct public access to the
cremation area shall be allowed.

Section 7-5-5. Data Center.12
(A) Setbacks. All principal structures shall be set back at least 100 ft. from any property line abutting
a property used or zoned for residential purposes or a public park.
(B) Screening.
(1)

A vegetated buffer 50 ft. in width shall be required along any property line abutting or across
a road from a property used or zoned for residential purposes or a public park; for sites on
which 70% or more of the existing open space or vegetated area is cleared for the
development, the buffer shall be a minimum of 100 ft. in width.

(2) The buffer shall consist of an earthen berm that has a minimum height of 6 ft. and a slope
not steeper than 2:1 with plantings including a combination of large and understory
deciduous trees, large and small evergreen trees, and ornamental trees and shrubs at a
rate of 120 plants per 100 linear feet.
(i)

A minimum of 40% of the plantings shall be large evergreen trees on minimum 20-foot
centers.

(ii)

No more than 20% of the plantings shall be shrubs.

(3) Notwithstanding the requirements of this section, use of natural topography and
preservation of existing vegetation, supplemented by new vegetation, if needed, or on the
outside of a 6 ft. tall solid fence, may be substituted for the above requirements when found

Editor’s Note: General Standards for data centers are retained verbatim from Article 17, Section 2. Non-material,
organizational edits have been made to match the structure of the updated Ordinance.
12

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by the Planning Director to provide visual screening equivalent to the buffer yard with
earthen berm.
(C) Noise.
(1) For sites that abut property used or zoned for residential purposes or a public park, the
following noise studies must be prepared by a Commonwealth Licensed Professional
Engineer (PE) verifying the maximum sound levels for the development:
(i)

A pre-construction study shall be submitted at the time of site plan review evaluating
the existing noise conditions prior to the development and model-predicted noise
conditions resulting from the development.

(ii) A post-construction study of noise conditions at the time of operations shall be
submitted at least 1 month but no more than 12 months. after the issuance of the first
Certificate of Occupancy for the development.
(iii) Notwithstanding any provision to the contrary, if either the pre-construction or postconstruction noise study demonstrates the development exceeds the maximum
sound levels specified in Chapter 50, Section 50-36 of the City Code as measured at
the boundary abutting a property used or zoned for residential purposes or a public
park, noise mitigation measures shall be required to secure conformance.
(2) Each study shall be accompanied by an affidavit or certificate signed by the PE stating
whether noise mitigation measures are required by the noise study. If mitigation measures
are required, they shall be designed in compliance with the noise study and shown on the
site plan. The Zoning Administrator has the authority to interpret and enforce the Pre- and
Post-Construction Study and any necessary noise mitigation measures.
(3) All mechanical equipment, both on ground and roof-mounted equipment, shall be
attenuated through sound mitigation measures including, but not limited to, sound
muffling materials.
(D) Fencing. Fencing of the property is permitted, provided that fencing within 35 ft. of a public street
does not include barbed wire or other similar visible intrusion deterrence devices.
(E) Cooling. Closed-loop systems shall be utilized if water-based cooling is employed for the facility.
This requirement may be waived or amended by the Director of Public Works.

Figure 7-3. Example of Data Center Standards.
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Section 7-5-6. Equipment Sales, Service, and Repair (Heavy).
(A) General Standards.
(1) All repairs shall be performed within a completely enclosed building.
(2) An appropriately sized and designed in-ground grease and oil separator device shall be
installed on-site and properly maintained to prevent grease and oil entry into the
wastewater system.
(B) Displays.
(1) Outdoor displays shall be limited to the equipment being sold, rented, or leased on the
property. No other display of any other goods, parts, or merchandise shall be permitted.
(2) No equipment displays shall be located within a required setback.
(3) Elevated equipment displays shall be prohibited.
(C) Outdoor Storage.
(1) Outdoor storage as an accessory use shall not exceed 30% of the total site area and shall
be subject to the use standards of Section 7-2-5 of this Article.
(2) Outdoor storage of inoperable vehicles or equipment shall be prohibited.
(D) Hazardous Materials Standards.
(1) The discharge of fuel, oil, solvents, anti-freeze, and/or other pollutants, hazardous
materials, or flammable substances into the public sewer, storm drainage, or other surface
waters is prohibited.
(2) The owner/operator shall prepare an emergency spill notification Contingency Plan to be
approved by the City and posted on the premises before the issuance of any occupancy
permits. The owner/operator/tenant shall be responsible for notifying all City departments
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identified in the Contingency Plan immediately in the event of a spill or any petroleum
product, chemical waste, or other hazardous substance on the property. The
owner/operator shall assume full responsibility for all public and private expenses incurred
in the clean-up of such spills.

Section 7-5-7. Hazardous Materials, Storage, and Distribution.
(A) Setbacks. Any portion of the facility utilized for the manufacture or storage of hazardous
materials shall maintain a separation of at least:
(1) 150 ft. from all adjacent property lines; and
(2) 1,000 ft. from any residential district.

Section 7-5-8. Junkyard/Salvage Yard.
(A) General Standards. In accordance with Code of Virginia § 33.2-804, Junkyards/Salvage Yards are
permitted as a Special Use, with the standards as established in this Section.
(B) Setbacks. Minimum of 350 ft. from any street, road, or other ROW.
(C) Screening. All Junkyards/Salvage Yards must be completely screened by a solid wall or fence,
including solid entrance and exit gates, not less than 6 ft. in height, so as not to be visible from
any right-of-way.
(1) All walls and fences shall be in accordance with Article 8, Community Development
Standards, of this Ordinance.
(2) Walls and fences used as screening shall not encroach into a sight distance triangle.
(3) Vehicles, parts, materials, and equipment stored shall not be stacked higher than the
screening wall or fence.
(4) When walls and fences are adjacent to commercial or residential districts, a landscaped
buffer shall be provided to break visibility of the fence in accordance with Article 8,
Community Development Standards, of this Ordinance.
(D) Maintenance. All Junkyards/Salvage Yards shall be operated and maintained in such a manner
as not to allow the breeding of rats, flies, mosquitoes or other disease-carrying animals and
insects.
(E) Compliance Required. All Junkyards/Salvage Yards shall be operated in compliance with all
federal and state record keeping and reporting requirements, to include, but not limited to:
(1) Reporting to the DMV to confirm proper ownership;
(2) Research through National Motor Vehicle Title Information Systems to confirm clean title
history;
(3) Reporting to leadsonline.com for the City of Petersburg Bureau of Police to access the
vehicle history; and

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(4) Reporting of every purchase, exchange or acquisition of any salvage or scrap vehicle on
such frequency as requested by the City of Petersburg Bureau of Police, in accordance with
the Code of Virginia § 46.2-1608.1.
(F) Prohibited. The collection or storage of any material containing, or contaminated with,
dangerous explosives, chemicals, gases, or radioactive substances is prohibited.

Section 7-5-9. Manufacturing, Heavy; Manufacturing, Light; Manufacturing,
Small-Scale.
(A) General Standards.
(1) All operations must be conducted within a completely enclosed building.
(2) Operations involving hazardous materials shall be in accordance with Section 7-5-7,
above, and all applicable state and federal regulations.
(3) Outdoor Storage areas shall comply with Section 7-2-5 of this Article.
(4) All activities associated with any Manufacturing use shall not produce glare, noise, fumes,
or odor detectable across the property line.
(5) If adjacent to a residential district or use, the hours of operation shall be restricted to 7 a.m.
to 9 p.m., or as determined by a SUP, as applicable.

Section 7-5-10. Self-Storage Facility.
(A) Minimum Lot Area. Minimum lot area shall be 2.5 acres.
(B) Activity. No portion of the facility shall be used to manufacture, fabricate, or process goods; to
service or repair vehicles, small engines, or electrical equipment, or conduct similar repair
activities; to conduct sales or retail sales of any kind, or to conduct any other commercial or
industrial activity on the site.
(1) The owner/operator shall be allowed to sell moving and packaging materials and related
items and to hold auctions on site for the disposal of goods stored on the premises.
(C) Prohibited.
(1) No storage of hazardous, toxic, or explosive materials shall occur in the facility. Signs shall
be posted within the facility describing such limitations. No storage of combustible or
flammable liquids, combustible fibers, or explosive materials, or toxic materials, shall be
permitted on the premises.
(2) Self-storage facilities shall not include portable storage containers, shipping containers
and/or tractor trailers.
(3) Incidental parking or storage of motor vehicles, including trucks or moving vans is not
allowed, except for purposes of loading and unloading, or if approved as a part of a
automobile sales and rental establishment.
(D) General Standards.
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(1) Except as otherwise authorized in this Section, all personal property shall be stored within
enclosed buildings.
(2) Access to all self-service storage rental spaces must be from the interior of the site. No
individual storage bay doors, storage items, or lighted hallways along the lengths of the
building façades may be visible from the public right-of-way.
(3) Fire hydrants and/or fire suppression devices shall be provided, installed, and maintained
in compliance with applicable codes and regulations.
(4) No more than one security quarters may be developed on the site, and any such quarters
shall be integrated into the facility’s design.
(5) All access ways on the site shall be paved with asphalt, concrete, or comparable paving
materials.
(6) Loading and unloading areas must be located, screened or fully enclosed to minimize the
potential for adverse impacts on adjacent property.
(7) All areas with street frontage not occupied by a building or structure shall include a
wall/fence or screening in accordance with Article 8, Community Development Standards,
of this Ordinance.

Section 7-5-11. Solar Energy Facility.
(A) Intent.
(1) The intent of this Section is to allow medium-scale solar energy facilities in a manner that
promotes the development of renewable energy sources, while limiting and mitigating
impacts on natural resources and existing residential, commercial, industrial, historical,
cultural, and recreational uses of property, or the future development of such uses of
property within the City.
(2) The purpose of this Section is to outline the process and requirements for the construction,
installation, operation, and decommissioning of medium-scale solar energy facilities that
ensures the protection of health, safety, and welfare of the City.
(3) This Section is not intended to abridge safety, health, environmental, or land use
requirements contained in other applicable laws, codes, regulations, standards, or
ordinances. This Section does not supersede or nullify any provision of local, State, or
Federal law that applies to solar energy facilities.
(B) Compliance.
(1) All medium-scale solar energy facilities shall fully comply with all applicable local
regulations, as well as all applicable state and federal regulations, including but not limited
to, the U.S. Environmental Protection Agency (EPA), Federal Aviation Administration
(“FAA”), State Corporation Commission (“SCC”) or equivalent, any state departments
related to environmental quality, parks, and wildlife protection, as well as all the applicable
regulations of any other agencies that were in force at the time of the permit approval.

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(2) The design and installation of all medium-scale solar energy facilities shall conform to
applicable industry standards, including those of the American Nati