Sec. 30-457.2. - Permitted principal and accessory uses.
The following uses of buildings and premises shall be permitted in the TOD-1 district, provided that drive-up facilities and facilities for dispensing motor fuels shall not be permitted in conjunction with any of the uses permitted in the district.
(1) Adult day care facilities licensed by and subject to the requirements of the State Department of Social Services.
(2) Art galleries.
(3) Banks, savings and loan offices and similar financial services.
(4) Breweries producing not more than 10,000 barrels of beer per year and distilleries producing not more than 25,000 cases of liquor per year, subject to the provisions of Section 30-446.3(6).
(5) Catering businesses.
(6) Day nurseries licensed by and subject to the requirements of the State Department of Social Services.
(7) Dwelling units, subject to the following:
a. When such units are located within buildings fronting on streets designated as street-oriented commercial frontage, the portion of the ground floor of the building along the street oriented commercial frontage, except for ingress and egress, to a depth of at least 20 feet, shall be devoted to other principal uses permitted in this district or to uses accessory to dwelling units, except for the following:
1. Areas for housing major mechanical equipment which serves the building as a whole or a major portion thereof.
2. Refuse areas.
3. Storage rooms, including areas for bicycles.
4. Corridors.
b. Each dwelling unit shall have a minimum of two exterior windows or exterior doors, or a combination thereof, that can open to the outside.
(8) Grocery stores, convenience stores and specialty food and beverage stores, including bakeries where products are sold principally at retail on the premises.
(9) Hospitals, but not psychiatric hospitals for the care of patients committed by a court.
(10) Hotels.
(11) Laundromats and laundry and dry cleaning pick-up stations.
(12) Libraries, museums, and schools.
(13) 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, subject to the provisions of Section 30-446.3(6).
(14) Manufacturing, warehouse, and distribution uses of food and beverages as listed in Section 30-452.1(2)(a) of under 8,000 square feet of area, but not allowing Section 30-452.1(2)a.13, and requiring consumption on premises with a minimum of 1,000 square feet of another principal use.
(15) Nursing homes.
(16) Office supply, business and office service, photocopy and custom printing establishments.
(17) 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.
(18) Parking decks and parking garages, provided that:
a. No portion of the ground floor of such structure located along a principal street frontage or a priority street frontage shall be used for parking or related circulation of vehicles, but such portion 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 priority street frontage or to means of pedestrian or vehicle access, provided that vehicle access along any principal street frontage or priority street frontage shall be permitted only when no alley or other street frontage is available for adequate access. In the case of a portion of a story located along a 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 subsection 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. Except as provided in subdivision a of this subsection, parking spaces contained therein shall be screened from view from abutting streets by structural material of not less than 45 percent opacity.
c. Any card reader or other access control device at an entrance to a parking deck or parking garage shall be provided with not less than one stacking space situated off the public right-of-way.
(18.1) Parks.
(19) 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.
(20) 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.
(21) Postal and package mailing services, but not including package distribution centers.
(22) Printing, publishing and engraving establishments employing not more than 20 persons on the premises.
(23) Professional, business and vocational schools, provided that no heavy machinery, welding equipment or internal combustion engine shall be used in conjunction therewith.
(24) Recreation and entertainment uses, including theaters, except that if such use is situated within 100 feet of any property in any R district, such use shall be located within a completely enclosed building.
(25) Restaurants, tearooms, cafes, delicatessens, ice cream parlors and similar food and beverage service establishments, including catering businesses and 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 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.
(26) Retail sales and food or beverage sales conducted in an open area or structure by one or more individual vendors operating from stalls, stands, carts or other spaces.
(27) Retail stores and shops.
(28) 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, but not including railroad yards, freight depots, generating plants, transformer stations, electric substations, wastewater treatment plants, water treatment plants, utility storage yards and similar uses.
(29) 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.
(29.1) Stadiums and arenas, provided that no such use shall be situated within 500 feet of any property in any R district.
(30) Uses owned or operated by a governmental agency, and uses required for the performance of a governmental function, 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.
(31) 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.
(31.1) Short-term rental, subject to the requirements of Article VI, Division 14 of this chapter.
(32) Accessory uses and structures customarily incidental and clearly subordinate to uses permitted in this district, including, but not limited to, the following:
a. Automated teller machines, but only when accessible from the interior of buildings or located on an exterior facade of buildings devoted to permitted principal uses other than individual dwelling units or lodging units.
b. Flea markets accessory to principal uses specified in Subsection (18.1), (29.1), or (30) of this section.
(Code 2015, § 30-457.2; Code 2020, § 30-457.2; Ord. No. 2017-150, § 2, 9-25-2017; Ord. No. 2019-343, § 1(30-457.2), 6-22-2020; Ord. No. 2023-369, § 1, 1-8-2024; Ord. No. 2024-314, § 2(30-457.2), 12-9-2024)
