Sec. 30-438.1. - Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the B-3 district, provided that no use which includes a drive-up facility shall be located on a transitional site.
(1) Adult care residences;
(1.1) Adult day care facilities;
(2) Art galleries;
(3) Auto service centers, provided that no such use shall be located on a transitional site, and provided further that the following conditions are met for any such use that includes facilities for dispensing motor fuels:
a. The area of the lot devoted to such use shall be not less than 10,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
b. A landscaped buffer having a depth of not less than five feet and providing an evergreen vegetative screen of not less than three feet in height within one year of planting shall be provided along the street frontage of the property;
c. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street line;
(4) Auto, truck, motorcycle, boat, trailer, recreational vehicle, manufactured home and construction equipment sales, rental, service, storage and general repair, and body repair and painting, convertible top and seat cover repair and installation, provided that:
a. No such use shall be located on a transitional site;
b. All facilities involving general repair, body repair and painting and convertible top and seat cover repair and installation shall be located within completely enclosed buildings;
c. No dismantled or junked vehicle unfit for operation on the streets shall be parked or stored outside of an enclosed building;
d. All outdoor areas devoted to storage or display shall be provided with landscaped buffers along streets in accordance with the standards applicable to parking areas and parking lots set forth in Sections 30-710.13(1) and (2);
(5) Banks, savings and loan offices and similar financial services, including accessory automated teller machines accessible from the interior or exterior of buildings devoted to such uses;
(6) Building materials and contractors' sales and storage yards and similar uses involving outside storage of materials or products other than scrapped or junked materials, provided that:
a. No such use shall be located on a transitional site;
b. Areas devoted to storage shall be enclosed by opaque fences or walls not less than six feet in height and in no case shall chain link fencing, chain link fencing with slats, or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
(7) Breweries producing not more than 100,000 barrels of beer per year and distilleries producing not more than 250,000 cases of liquor per year, subject to the provisions of Section 30-446.3(6);
(8) Catering businesses;
(9) Churches and other places of worship, which may include the serving of food for charitable or fellowship purposes, and as an accessory use, emergency housing, subject to the provisions of Section 30-698;
(10) Communications centers and telephone repeater stations operated by public service corporations;
(11) Contractors' shops, offices and display rooms;
(12) Day nurseries licensed by and subject to the requirements of the State of Virginia Department of Social Services;
(13) Drive-in theaters, provided that:
a. No such use shall be located on a transitional site;
b. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the city's master plan;
c. Theater screens shall be located so as not to face any street or public area;
(14) Dry cleaning and laundering establishments, provided that the total capacity of all dry cleaning machines shall not exceed 100 pounds dry weight and the total capacity of all laundry machines shall not exceed 150 pounds dry weight, and provided further that no such use shall be located on a transitional site;
(15) Dwelling units;
(16) Funeral homes;
(17) Furniture repair and upholstery shops;
(18) Greenhouses and plant nurseries;
(19) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises;
(20) Hospitals, but not psychiatric hospitals for the care of patients committed by a court;
(21) Hotels, provided that:
a. No such use shall be located on a transitional site;
b. The area of the lot devoted to such use shall be not less than 25,000 square feet, and no property line coincidental with a street line shall be less than 100 feet in length;
(22) Janitorial and custodial service and supply establishments;
(23) Laboratories and research facilities which are not any more objectionable due to smoke, dust, odor, noise, vibration or danger of explosion than other uses permitted in this district, and which do not involve any manufacturing, processing or fabrication other than that incidental to testing or research activities conducted on the premises;
(24) Laundromats and laundry and dry cleaning pick-up stations;
(25) Libraries, museums, schools, parks and noncommercial recreational facilities, when such uses are owned or operated by a government or nonprofit organization;
(26) Manufacturing uses of under 15,000 square feet of area, as listed in Section 30-452.1a, excepting 30-452.1(2)a.13;
(27) Marinas, boathouses, piers and docks;
(28) Motor fuels dispensing in conjunction with other uses permitted in this district, provided that:
a. No such use shall be located on a transitional site;
b. Notwithstanding other provisions of this chapter regarding yards, pump islands for dispensing motor fuels may be located within required yards adjacent to streets, but not within 20 feet of any street or property line. Marquees, cantilevers and similar roofs over pump islands may extend to within ten feet of street lines;
(29) Nursing homes;
(30) Office supply, business and office service, photocopy and custom printing establishments;
(31) Offices, including business, professional and administrative offices, medical and dental offices and clinics, and studios of writers, designers and artists engaged in the graphic arts;
(32) Parking decks, provided that:
a. No portion of such structure located along a principal street frontage shall be used for parking or related circulation of vehicles, but shall be devoted to other permitted principal uses, which shall have a depth of not less than 20 feet along the principal street frontage, or to means of pedestrian or vehicle access, provided that vehicle access along such street frontage shall be permitted only when no other street or alley is available for adequate access. In the case of a portion of a story located along a principal street frontage and having less than five feet of its height above the grade level at the building facade along the street frontage, the provisions of this subdivision prohibiting parking or related circulation of vehicles shall not apply, provided that parking spaces shall be completely screened from view from the street by structural material similar to the material of the building facade;
b. Not less than one exit lane and one entrance lane shall be provided for each 300 parking spaces or major fraction thereof contained within the structure, and any reader or other access control device at an entrance to a parking deck shall be provided with not less than one stacking space situated off the public right-of-way;
c. Except as provided in Subsection (32)a of this section, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity;
(32.1) Permanent supportive housing, subject to the provisions of Section 30-698;
(33) Personal loan and financial services, provided that such use may not be located within 5,000 feet of another personal loan or financial service;
(34) Personal service businesses that provide services directly to persons or services for personal items, including barber shops, beauty salons, health spas, fitness centers, dance studios, photography studios, travel agencies, shoe repair shops, tailor and garment alteration and repair shops, clothing rental stores, watch and jewelry repair shops and similar establishments;
(35) Pet shops, veterinary clinics and animal hospitals, including boarding kennels operated in conjunction therewith, provided that all facilities shall be located within completely enclosed and air conditioned buildings which are soundproof to the extent that sounds produced by animals kept or treated therein are not audible outside the building;
(36) Postal and package mailing services;
(37) Printing, publishing and engraving establishments;
(38) Private elementary and secondary schools having curricula substantially the same as that offered in public schools;
(39) Professional, business and vocational schools;
(40) Public utilities installations, equipment buildings and passenger terminals for public transportation, including servicing of motor vehicles used in connection therewith when such servicing is conducted within a completely enclosed building, and provided that no passenger terminal shall be located on a transitional site;
(41) Radio and television broadcasting studios and offices, including accessory antennas, provided that the supporting hardware for any such antenna does not exceed 15 feet above ground level, or in the case of a building mounted antenna, 15 feet above the surface of the building on which it is mounted;
(42) Recreation and entertainment uses, including theaters, museums, amusement centers, bowling alleys, lodges and clubs, meeting facilities, auditoriums and assembly halls, when such uses are located within completely enclosed buildings, and provided that no such use shall be located on a transitional site and no music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
(43) Recreation uses, outdoor, including golf courses, par three and miniature golf courses, driving ranges, putting greens, temporary carnivals and similar amusement facilities, but not including shooting ranges, provided that:
a. No such use shall be permitted on a transitional site;
b. Such use shall be so located, designed and operated that noise from equipment, machinery or loudspeaker systems is not audible from nearby properties in R or RO districts;
(44) Repair businesses conducted within completely enclosed buildings, provided that any service doors face away from any property in a R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8 or R-63 district;
(45) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including entertainment in conjunction therewith. Such establishments may include areas outside completely enclosed buildings and intended for service to or consumption of food and beverages by patrons, provided that the following conditions shall be met:
a. No deck, patio, terrace or other area outside a completely enclosed building and used for the service or accommodation of patrons shall be situated within 100 feet of any property in any R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R- 8 or R-63 district;
b. Covered trash containers shall be provided in service areas, and fences, walls or vegetative screening shall be provided around service areas, except at entrances and exits, to prevent refuse from blowing onto adjacent properties or streets. Fences or walls to be credited toward this requirement shall comply with fence and wall design guidelines adopted by resolution of the Planning Commission, or their equivalent as determined by the zoning administrator. In no case shall chain link, chain link with slats or similar fencing be considered as meeting the requirements of the fence and wall design guidelines;
c. No music or public address system shall be operated in such a manner that sound produced therefrom is audible beyond the boundaries of the premises;
d. Drive-through or drive-up windows shall be located at the rear or side of the building and accessed by an alley or a side street where possible;
(46) Retail stores and shops, provided that not more than 70 percent of the floor area may be devoted to storage of merchandise to be sold at retail on the premises;
(47) Rights-of-way, easements and appurtenances necessary for the provision and maintenance of public utilities and public transportation, including streets, rail lines, power lines, cables, poles, pipes, meters, transformers and similar devices;
(48) Sales lots for Christmas trees, vegetable stands and other seasonal uses, but not including flea markets;
(49) Self-service auto washing facilities and automatic auto washing facilities operated by attendants, provided that:
a. No such use shall be located on a transitional site;
b. Doors, curtains or screens shall be installed as necessary to prevent water spray from blowing onto adjacent properties;
(50) Service businesses that service, repair or rent audio or video equipment, home appliances, furniture, personal recreational equipment, home yard and garden equipment, tools, bicycles, locks, computers, office machines and similar household or business items, provided that no products shall be serviced, repaired, stored or displayed outside a completely enclosed building;
(51) Service stations, provided that
a. No such use shall be located on a transitional site;
(52) Shopping centers containing uses permitted in this district;
(52.1) Social service delivery uses, in accordance with Section 30-698.3(d);
(53) Tire recapping and vulcanizing shops, provided that:
a. No such use shall be located on a transitional site;
b. Any tire storage must be located behind a continuous evergreen vegetative screen at least eight feet high within three years of planting, or the rear of the building, or otherwise not visible from the street;
(54) Tourist homes;
(54.1) Transitional housing, subject to the provisions of Section 30-698;
(55) Travel trailer parks and campgrounds, provided that no such use shall be located on a transitional site;
(56) Truck and freight transfer terminals, provided that:
a. No such use shall be located on a transitional site;
b. Principal points of vehicular access to the premises shall be located on arterial or collector streets as designated in the city's master plan;
c. All outdoor areas devoted to truck or trailer storage or parking shall be provided with landscaped buffers along streets in accordance with the standards applicable to parking areas and parking lots set forth in Section 30-710.13(1) and (2);
(57) Uses owned or operated by a governmental agency, but not including facilities intended for incarceration or alternative sentencing or facilities primarily for the care, treatment or housing of persons who are currently illegally using or are addicted to a controlled substance as defined in Code of Virginia, § 54.1-3401;
(58) Wholesale, warehouse and distribution establishments with not more than 20,000 square feet of floor area devoted to storage of goods;
(59) Wireless communications facilities, microwave relay facilities, and radio broadcast antennas, on alternative support structures, in accordance with the additional requirements of sections 30-692.1 through 30-692.6;
(59.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(60) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including automated teller machines accessible only from the interior of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
(Code 1993, § 32-438.1; Code 2004, § 114-438.1; Code 2015, § 30-438.1; Code 2020, § 30-438.1; Ord. No. 2004-180-167, §§ 2, 4, 6-28-2004; Ord. No. 2006-43-63, § 1, 3-13-2006; Ord. No. 2013-237-225, § 1, 12-9-2013; Ord. No. 2019-343, § 1(30-438.1), 6-22-2020; Ord. No. 2020-209, § 1, 10-12-2020; Ord. No. 2020-261, § 1, 3-8-2021; Ord. No. 2024-314, § 2(30-438.1), 12-9-2024)
