The city's adopted Comprehensive Plan anticipates the development of office, institutional and assembly sites in conjunction with the growth of the commercial and residential centers that they will serve. Accordingly, many of these sites are expected to be located in close proximity to commercial centers and major highways in the suburban and urban areas of the city. A number of smaller, community-oriented offices and assembly centers and institutional sites are expected in all areas of the city to support the needs of residential communities for professional and personal services, and for the residential, nursing, and medical care and related services offered by different institutional enterprises. The development characteristics of these office and assembly centers and institutions will vary, depending upon the character of the community that are serving, and in all areas will be less intense than those of the more general business districts of the city. In some instances the office, institutional and assembly sites will serve as buffers between residential and commercial areas.

(Ord. No. 17-O-081, 11-21-17)

Specific design, development and performance standards, including lot configurations, public improvements and traffic circulation, landscaping and buffering, are addressed in article 19 of this ordinance and in chapter 70 of the city Code. A number of other city standards may also apply to the development of the property. Those standards include but are not limited to those listed below and should be reviewed by the developer.

A.

Accessory uses and structures, including signs, are addressed in article 14.

B.

Floodplain standards for all developments are set out in chapter 26, article IV (section 26-86 et seq.), of the city Code.

C.

Erosion and sediment control standards are set out in chapter 26, article III (section 26-51 et seq.), of the city Code.

D.

Different or additional regulations may apply, depending upon whether a site is located within an overlay district. Reference should be made to overlay maps available in the planning department. If a site is within a particular overlay district, those overlay district requirements shall apply. Overlay district regulations are set out in article 12 of this ordinance.

E.

Alternative development plans for office, institutional and assembly sites may be proposed through application of a planned unit development (PUD), as provided for in article 11.

F.

The site plan approval process, including certain site plan requirements, is set out in article 18 of this ordinance.

This district is established primarily for development of professional and personal service businesses and for certain compatible operations, generally not involving the sale of merchandise at retail. It also provides for the establishment of certain institutions, including nursing homes, hospitals and other facilities, many of which often generate supporting office developments.

A.

General site standards.

1.

Minimum lot size, 10,000 square feet.

2.

Minimum lot width, 80 feet.

Minimum lot frontage, 64 feet.

3.

Principal building setback (required yards).

a.

From streets (front yards), 30 feet. Setback from streets shall be measured from the reservation line in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided for in section 19-202 of this ordinance.

b.

From property zoned for other than residential use.

i.

Side yard, 15 feet; however, if adjoining lots are part of a single, integrated commercial site plan, a side yard setback of zero (0) feet may be approved.

ii.

Rear yard, ten percent of the average lot depth or 30 feet, whichever is greater.

c.

From property zoned for residential use.

i.

Side yard, 20 feet.

ii.

Rear yard, ten percent of the average lot depth or 35 feet, whichever is greater.

4.

Off-street parking (parking and vehicle area) setback.

a.

From streets, 10 feet. Setback from street shall be measured from the reservation line established in accordance with the city's Master Transportation Plan. Where a reservation line cannot be established under the provisions of the Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.

b.

From property zoned for other than residential use.

i.

Side yard. Side yard setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.

ii.

Rear yard. Rear yard setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.

c.

From property zoned for residential use.

i.

Side yard. Side yard setback shall be in accordance with the landscape buffer required under article 19 of this ordinance.

ii.

Rear yard. Rear yard setback shall be in accordance with the landscape buffer required under article 19 of this ordinance.

5.

Maximum lot coverage of building, 30 percent.

6.

Maximum building heights:

a.

Any building or silo may be constructed to a maximum height of seventy-five (75) feet, except as otherwise stated below.

b.

Buildings and silos located on lots abutting residential property.

i.

Any building or silo located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.

ii.

Any such building or silo may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.

c.

Any silo which is located on a lot that does not abut property zoned or used for residential purposes and which does not house flammable, combustible, or hazardous materials, as defined in the current edition of the Virginia Uniform Statewide Building Code, may be constructed to a maximum height of one hundred ten (110) feet.

d.

All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)

B.

Adjustments in required setbacks. Required setbacks for the principal building only may be reduced by the zoning administrator, or designee, as part of site plan approval if the applicant provides enhanced landscaping. Such landscaping shall at a minimum include a thirty (30) percent increase in vegetation beyond that which is required by section 19-600 of this ordinance, to be installed and maintained in the reduced yards. In exchange for such landscaping, the required setback may be reduced by no more than thirty (30) percent. The enhanced landscaping shall be subject to approval of the director of development and permits, or designee. All other applications for setback reductions shall be heard by the city board of zoning appeals as a variance request.

C.

Mixed use dwellings. In addition to the permitted and conditional uses specified in section 9-502 of this ordinance, the upper floor levels of a building in the O & I district may be used for residential purposes, provided that 1) the ground floor level is actively used or marketed for permitted or conditional office and institutional uses, 2) residential and nonresidential uses are not conducted on the same floor, 3) no more than one single-family dwelling unit is located on each upper floor, and 4) the gross floor area devoted to residential use does not exceed 50 percent of the gross floor area of the building.

(Ord. No. 95-O-197, 10-24-95; Ord. No. 01-O-004, 1-23-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 05-O-015, 3-8-05; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 24-O-005, 1-16-24)

This district is established primarily for development and operation of centers where an assembly or a congregation of people takes place for a common purpose on a periodic basis. Assembly uses shall include but are not limited to churches, synagogues, temples and other similar houses of worship; meeting halls, clubs, and membership organizations. Recognizing that theaters and other entertainment establishments are commercial enterprises having a different pattern of use, these uses are considered to be commercial uses rather than assembly uses.

(Ord. No. 04-O-124, 8-17-04)

A.

General site standards.

1.

Minimum lot size, 10,000 square feet.

2.

Minimum lot width, 80 feet.

Minimum lot frontage, 64 feet.

3.

Principal building setback (required yards).

a.

From streets (front yards), 30 feet. (Setback from streets shall be measured from the reservation line in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided for in section 19-202 of this ordinance.)

b.

From property zoned for other than residential use.

i.

Side yard, 15 feet; however, if adjoining lots are part of a single, integrated commercial site plan, a side yard setback of zero (0) feet may be approved.

ii.

Rear yard, ten percent of the average lot depth or 30 feet, whichever is greater.

c.

From property zoned for residential use.

i.

Side yard, 20 feet.

ii.

Rear yard, ten percent of the average lot depth or 35 feet, whichever is greater.

4.

Off-street parking (parking and vehicle area) setback.

a.

From streets, 10 feet. (Setback from street shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided in section 19-202 of this ordinance.)

b.

From property zoned for other than residential use.

i.

Side yard. Side yard setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.

ii.

Rear yard. Rear yard setback shall be in accordance with the landscape buffer, if any, required under article 19 of this ordinance.

c.

From property zoned for residential use.

i.

Side yard. Side yard setback shall be in accordance with the landscape buffer required under article 19 of this ordinance.

ii.

Rear yard. Rear yard setback shall be in accordance with the landscape buffer required under article 19 of this ordinance.

5.

Maximum lot coverage of building, 30 percent.

6.

Maximum building heights:

a.

Any building or silo may be constructed to a maximum height of seventy-five (75) feet, except as otherwise stated below.

b.

Buildings and silos located on lots abutting residential property.

i.

Any building or silo located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.

ii.

Any such building or silo may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.

c.

Any silo which is located on a lot that does not abut property zoned or used for residential purposes and which does not house flammable, combustible, or hazardous materials, as defined in the current edition of the Virginia Uniform Statewide Building Code, may be constructed to a maximum height of one hundred ten (110) feet.

d.

All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)

B.

Adjustments in required setbacks. Required setbacks for the principal building only may be reduced by the zoning administrator, or designee, as part of site plan approval if the applicant provides enhanced landscaping. Such landscaping shall at a minimum include a thirty (30) percent increase in vegetation beyond that which is required by section 19-600 of this ordinance, to be installed and maintained in the required yard. In exchange for such landscaping, the required setback may be reduced by no more than thirty (30) percent. The enhanced landscaping shall be subject to approval of the director of development and permits, or designee. All other applications for setback reductions shall be heard by the Chesapeake Board of Zoning Appeals as a variance request.

(Ord. No. 95-O-197, 10-24-95; Ord. No. 03-O-029, 3-18-03; Ord. No. 05-O-015, 3-8-05; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 24-O-005, 1-16-24)

A.

Parking requirements. All required parking for assembly uses shall be provided on-site in conformance with section 19-404. Alternative location parking shall meet the standards set forth in section 19-404(B).

B.

An assembly use located in, or that will be located in, a building containing more than one leasable space that is required by article 18 to undergo site plan review shall submit all of the following in addition to the requirements of article 18:

a.

A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section 19-411 of this ordinance or by obtaining approval of a cooperative parking arrangement under section 19-405.

b.

A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Statewide Building Code and all amendments.

c.

A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended.

d.

A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space.

Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code, as amended.

(Ord. No. 94-O-180, 9-20-94; Ord. No. 01-O-032, 4-17-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04)

A.

In general. The tables of permitted and conditional uses set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in the Assembly and Office and Institutional districts in the city. Where a use is not listed, it shall be presumed that it is not allowed as a permitted or conditional use in these districts; provided that in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use and such proposed use is also listed in the Standard Industrial Classification (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.

B.

Key of symbols used in table. The symbols in the table below shall have the following meanings:

C.

Special conditions pertaining to specific uses. The following conditions shall apply to specific uses, as indicated in the "condition" column in the uses schedule:

1.

See section 13-800 et seq. for supplemental regulations.

2.

See section 13-1200 et seq. of this ordinance for supplemental regulations.

3.

No refueling or mechanical repair operations shall be allowed as part of the regular activities of a helistop. All functions shall be limited to the loading and unloading of passengers. See section 13-700 et seq. for supplemental regulations.

4.

See section 13-600 et seq. for supplemental regulations.

5.

See section 13-1700 et seq. for supplemental regulations.

6.

See section 13-1900 et seq. for supplemental regulations.

7.

No more than 25 percent of the total floor area of any dwelling may be used for non-transient boarders.

8.

Floor area devoted to dry cleaning, pressing and dyeing is limited to 2,000 square feet.

9.

Raising of animals for experimental purposes is excluded.

10.

See section 13-500 et seq. for supplemental regulations.

11.

No such establishment shall be used for private gain. An assembly use to be located in a building containing more than one leasable space that is required by article 18 to undergo site plan review shall submit all of the following in addition to the requirements of article 18:

a.

A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section 19-411 or by obtaining approval of a cooperative parking arrangement under section 19-405. If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included.

b.

A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code and all amendments.

c.

A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended.

d.

A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space.

Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code, as amended.

12.

See section 13-2000 et seq. for supplemental regulations.

13.

See section 13-2100 et seq. for supplemental regulations.

14.

See section 13-200 et seq. for supplemental regulations.

15.

No more than 25 percent of the gross floor area shall be used for residential purposes. If the total area devoted for residential uses exceeds 25 percent of the gross floor area, a conditional use permit shall be obtained in accordance with theprovisions of article 17 of this ordinance.

16.

See section 13-2200 et seq. for supplemental regulations.

17.

Permitted only on municipal (Chesapeake) sites and as permitted in section 13-602 of this ordinance.

18.

Netting shall be required for driving ranges along any property line, or portion thereof, which is located (1) less than one hundred fifty (150) yards to the rear or to either side of a tee area, or (2) less than three hundred (300) yards in front of a tee area. Where required hereunder, the netting shall be installed between the driving range and required landscape buffers. If no landscape buffer is required under article 19 of this ordinance, the netting shall be installed no less than ten (10) feet from the property line at issue. Notwithstanding fence height restrictions in article 14 of this ordinance, the netting shall not be less than thirty-five (35) feet in height. In issuing a conditional use permit for a driving range, the city council may vary the standards herein by stipulation. In any case, netting requirements may be waived by city council or where no conditional use permit is required, by the planning commission as a special exception, where it is determined that existing trees and shrubs border the driving range in such a manner as to provide neighboring properties with the same level of protection from golf balls as would netting.

19.

A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption that meets one of the following conditions:

a.

The eating or drinking place is open for business after 12:00 a.m. and any portion of such property containing an eating and drinking place is located within two hundred (200) feet of any lot line of a lot containing any property zoned or used for residential purposes. Where an eating and drinking place is located in a shopping center, the two hundred (200) foot distance shall be measured from the outer walls of the unit or space in which the eating and drinking place is located.

b.

The eating or drinking place is adjacent to the following:

i.

Property containing a church in a freestanding building;

ii.

Property containing a public or private school in a freestanding building;

iii.

Hospital in a freestanding building; or

iv.

Daycare center in a freestanding building.

c.

A conditional use permit shall not be required if one of the following exceptions applies:

i.

The structure or unit in which the eating and drinking place is located is separated from property containing a church or a public or private school by a street at least sixty (60) feet in width that is owned and maintained by the city or the Commonwealth.

ii.

For purposes of subsection b. only, the eating and drinking place is located in a shopping center. For purposes of this section, shopping center shall mean a group of retail or other commercial establishments that functions as a unified commercial development.

20.

A conditional use permit shall be required if the parking facility is located adjacent to property zoned or used for residential purposes.

21.

In order to protect the public safety and welfare of the community, to ensure the compatibility of uses of land, and to prevent adverse effects on the uses of land listed below, probation, parole and similar correctional or penal services shall be prohibited if any property, structure, or improvement containing such use will be located within one thousand (1,000) feet of the line of any property that:

a.

Is used for public or private school purposes;

b.

Is zoned for or used for residential purposes;

c.

Is used for child care purposes;

d.

Is used as a public park; or

e.

Is used for religious purposes.

No master development plan or approved development criteria shall supersede this prohibition.

22.

Massage therapy establishments and massage therapists must comply with all applicable requirements of section 38-61 et seq. of the City Code, as amended, to be a permitted use.

23.

A conditional use permit shall be required for any central disposal system, including without limitation, private sewage package plants, and for any regional drainfield serving more than one Office and Institutional or Assembly Center parcel. In addition to the criteria in article 17, city council shall apply the level of service tests for roads and schools set out in Planning and Land Use Policy in the adopted Comprehensive Plan. The stipulations imposed on this conditional use permit shall be in compliance with the dictates of Virginia Code Section 15.2-2157. An individual septic system serving only one parcel shall be exempt from the conditional use permit requirement.

24.

See section 13-1405 of this ordinance for supplemental regulations.

25.

See section 13-2700 et seq. of this ordinance for supplemental regulations.

26.

A beauty shop may offer or provide permanent cosmetic tattooing (also known as permanent makeup or micropigmentation) and/or reconstructive tattooing as part of a full-service beauty salon that offers a wide range of services and where the tattooing activity is conducted as an accessory service and operated in accordance with applicable provisions in chapter 38 of the City Code. For purposes of this provision, permanent cosmetic tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face that is limited to eyebrows, eyeliner, lip coloring, lip liners, full lips, cheek blush, and eye shadow. For purposes of this provision, reconstructive tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin that is limited to breast and scar repigmentation or camouflage.

D.

Table of permitted and conditional uses in the M-1 light industrial district adopted for certain properties in the Office and Institutional (O&I) district. In addition to the permitted and conditional uses set out in section 9-502, all permitted and conditional uses for properties in the M-1 light industrial district as set out in section 8-602 of this ordinance shall also be permitted and conditional uses for a single lot or for two (2) or more contiguous lots located in the O&I district, when such lot or lots meet the following criteria:

1.

At least twenty-five (25) percent, or a lesser percentage if expressly approved by city council, of the perimeter of such lot, or contiguous lots, is contiguous with property zoned M-1 light industrial district.

2.

The lot, or contiguous lots, is not contiguous with any property zoned for residential use. For purposes of this section, residential property which is separated from the lot or lots zoned office and institutional by a public street having a right-of-way not less than two hundred sixty (260) feet in width shall not be considered contiguous.

E.

Mixed use dwellings. In addition to the permitted and conditional uses specified in section 9-502 of this ordinance, the upper floor levels of a building in the O & I district may be used for residential purposes, subject to the criteria in section 9-302 above.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 01-O-004, 1-23-01; Ord. No. 01-O-032, 4-17-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-075, 6-21-05; Ord. No. 05-O-147, 11-22-05; Ord. No. 06-O-053, 5-16-06; Ord. No. 07-O-077, 5-15-07; Ord. No. 09-O-005, 1-20-09; Ord. No. 12-O-014, 2-21-12; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-094, 7-16-19; Ord. No. 20-O-058, 6-16-20; Ord. No. 23-O-065, 6-20-23)

SECTION 9-502. TABLE OF PERMITTED AND CONDITIONAL USES IN OFFICE
AND INSTITUTIONAL AND ASSEMBLY DISTRICTS

(Ord. No. 94-O-198, 9-27-94; Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-177, 11-19-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-104, 7-20-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-147, 11-22-05; Ord. No. TA-Z-07-10, 8-21-07; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-094, 7-16-19; Ord. No. 21-O-004, 1-19-21; Ord. No. 21-O-111, 10-19-21; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-109, 11-28-23; Ord. No. 25-O-007, 2-18-25)

*See section 9-501(C)

**See section 19-411