Portsmouth City Council Work Session on Narrow-Lot Zoning and Closed Session - July 13, 2026

The Portsmouth City Council met for a public work session on July 13, 2026, to review how the city evaluates and approves development on narrow residential lots. Planning staff presented a three-year review of special exception applications, explained recent state legislation effective July 1, 2026, and took council questions about neighborhood character, affordability, infill housing, and the Board of Zoning Appeals (BZA) process. No ordinance changes were adopted; the meeting ended with a closed session.

Discussion Items

• Narrow-lot special exception process: Zoning Administrator Trayvon Boone and Planning Director Dr. Russell presented the history and current process under the Portsmouth Zoning Ordinance. City Council adopted the special exception process on November 14, 2023, creating Section 40.2-535(B)(13). It applies to detached single-family homes on legally created residential lots 30 feet or less in width, except where a setback is adjacent to a public street.
• Application data: Staff reviewed BZA records from 2023 through 2025 and verified 75 narrow-lot applications. All 75 were approved. Most involved 25-foot-wide lots, with some 30-foot-wide lots. The typical request was to reduce interior side-yard setbacks from 7 feet to about 3 feet in Urban Residential and Urban Residential Multifamily districts, or from 20 feet to about 3 feet in Neighborhood Mixed-Use districts. Staff noted 46 applications were filed in 2024 alone.
• Geographic pattern: The applications were concentrated in older Portsmouth neighborhoods, with Brighton showing the largest cluster, followed by areas such as Prentice Park, Prentice Place, Mount Herman, West Haven, and nearby neighborhoods. Staff said this reflects historic subdivision patterns rather than a new trend of lot creation.
• State law context: Staff summarized new Virginia legislation requiring localities with populations over 50,000 to maintain at least one zoning district that permits detached single-family dwellings on small residential lots. Under the law, the minimum lot area may not exceed 3,000 square feet, the minimum lot width may not exceed 30 feet, and dimensional regulations may not preclude or prohibit construction on qualifying nonconforming lots.
• BZA decision-making concerns: Vice Mayor Moody questioned how all 75 applications could have been approved and referenced a neighborhood complaint that BZA members said they had no choice but to follow the law. City Attorney Derek Challenger confirmed there is no law requiring approval and that each case must be considered on its individual merits.
• Possible future standards: Staff illustrated potential ordinance changes, including moving from case-by-case special exceptions to objective administrative standards, a 50% side-yard setback reduction option, a certified survey verifying adjacent structures are at least 3 feet from the shared property line, and a conceptual development plan approved before site plan, zoning permit, and building permit applications. Staff also described recently proposed BZA conditions requiring new homes to include at least three design elements consistent with the surrounding neighborhood, such as porches, stoops, windows, or brick veneer.
• Affordability and infill debate: Several council members emphasized the value of infill housing and affordability. Council Member Tillage supported infill development, described a Green Acres example where two new homes were accepted after matching neighborhood character, and cautioned against a "not in my backyard" approach. City Manager Stephen Carter said the new state law requires Portsmouth to allow small-lot housing somewhere, but it does not require making the existing process easier or reducing setbacks further.
• Property value question: Asked whether infill housing affects surrounding assessed values, Deputy City Assessor Graham Shearer said there are no ready facts showing an effect and that proving it would require a study.
• BZA training: Council Member Hugo requested stronger orientation or training for BZA members to reinforce that each application must be reviewed on its own merits. The City Manager said that could be considered, possibly alongside planning commission education sessions.
• Litigation caution: During discussion, the City Attorney noted the city has been served with litigation related to this issue and advised council to keep the public discussion focused on the citywide process rather than specific individuals.

Key Outcomes

• No ordinance amendments were proposed or voted on during the work session.
• Council directed staff to research options for addressing neighborhood character concerns, including possible overlay districts or zoning-district-based approaches, and to report back.
• Council asked staff to explore BZA education and training to clarify the case-by-case review standard.
• City staff will continue evaluating whether the current special exception process should be retained, modified, or replaced with administrative standards.

Closed Session

• Council voted unanimously to enter closed session under Virginia Code Sections 2.2-3711(A)(8) and 2.2-3711(A)(7) for consultation with legal counsel regarding collective bargaining and actual or probable litigation.
• The litigation referenced in the motion was Cindy and Todd Lloyd v. City of Portsmouth, Portsmouth Circuit Court Case No. CL 25-3206.