The city's adopted Comprehensive Plan emphasizes that agriculture in this city is a basic social, economic and environmental asset and that the city should encourage its survival. The adopted Comprehensive Plan further states that our environment is fundamental and cannot be taken for granted. This is particularly true of those areas of the city which are considered to be environmentally sensitive areas, such as the Northwest River, the Dismal Swamp, Chesapeake and Albemarle Canal, North Landing River and wetlands, and hardwood swamps. Finally, the plan recognizes the very important role recreation and open space play in the provision of a healthy environment. To that end, the permitted and conditional uses provided in the conservation and agricultural districts are limited to those activities which support or are related to the preservation of environmentally sensitive and recreational lands and to agricultural work and life and the people of the agricultural community. Large-scale residential development is presumed to be incompatible with agricultural operations. In the southern portion of the city where most agricultural production now occurs, such developments could place a burden on city infrastructure and services. Furthermore, active and passive recreational lands, passive open spaces, significant natural features and environmentally sensitive areas should be treated as finite, irreplaceable resources with both public and private value; therefore, construction is to be limited within the conservation areas which is consistent with their preservation and which promotes their use and enjoyment.

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

Specific design, development and performance standards, including lot configuration, public improvements and traffic circulation, landscaping and buffering, are addressed in article 19 of this ordinance and 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 of the zoning ordinance may apply, depending on whether a site is located within a special overlay district. Reference should be made to overlay maps available in the planning department. If a site is located within a special overlay district, those overlay district requirements shall apply.

E.

Alternative development plans 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.

A.

Preservation divisions. The division of property located wholly within an A-1 agricultural district or C-1 conservation district, or combination thereof, for purposes of agricultural use, silvicultural use, horticultural use, natural habitat preservation and biological diversity, historic preservation, approved passive recreational uses, nature-based outdoor recreation or education, watershed preservation, or preserving environmentally sensitive lands, including without limitation, the creation, restoration, and preservation of wetlands, provided that:

1.

All parcels created by the division of land meet minimum lot area requirements in this zoning ordinance;

2.

The planning director determines that adequate assurance of perpetual conservation has been given in the form of a permanent preservation easement, or by participation in a local, state, or federal program that will provide for the perpetual preservation of such lots, including without limitation, programs under which the property is to be dedicated to a local, state, or federal agency for conservation or agricultural purposes. Evidence of perpetual preservation, whether by deed of easement, agreement, deed of conveyance, or other instrument, shall be recorded in the clerk's office of the circuit court of the city prior to, or concurrent with, the approval and recordation of the preservation division, and shall contain provisions that perpetually restrict the use of the property for one or more of the purposes stated herein and that prohibit all construction or land disturbance on the property, other than amenities directly associated with approved passive recreational or agricultural activities or land-disturbing activities required to establish, restore or enhance wetlands; and

3.

No lot that is burdened by the preservation instrument contains any dwelling unit.

The use restrictions, whether in the form of a deed of easement, agreement, deed of conveyance, or other acceptable instrument, shall not be vacated, released, or amended in a manner that allows development or use of the property, in whole or in part, without the approval of city council and conformance with all requirements of the subdivision and zoning ordinances or unless the property has been appropriately rezoned for development.

B.

For purposes of this section, active and non-nature-based recreation uses shall not be allowable uses on any lot burdened by the preservation instrument. This includes, without limitation, play lots, swimming pools, athletic courts, or other sports facilities.

C.

Development standards for preservation divisions. The following development standards shall apply to all preservation divisions:

1.

Lots burdened by the preservation instrument.

a.

Minimum lot size, ten (10) acres.

b.

Minimum lot width and frontage, no minimum.

2.

Non-preservation lot. A lot in any preservation division that is not burdened by the preservation instrument shall comply with the development standards for the RE-1 lots in sections 6-300 et seq. and with the provisions in sections 6-200 and 6-2000 through 6-2003 of this ordinance.

D.

Nothing herein shall alter any subdivision for which the city approved a final subdivision plat prior to the effective date of this section.

(Ord. No. 24-O-064, 6-18-24)

This district is created to protect and preserve those unique natural water, forest and other open space areas which could not be replaced if misused or destroyed and, if developed, would adversely affect the public health, safety and welfare. These critical areas include open spaces, wetlands, hardwood swamps, floodplains, watersheds and water supplies and those areas providing habitat for fish and wildlife. The C-1 district is not intended for development.

A.

Development site standards. All property in the C-1 conservation district shall comply with the general standards set out for nonresidential properties in the A-1 agricultural district, provided that certain subdivisions and divisions of land for conservation purposes shall be exempt from minimum lot frontage and width requirements set out in this ordinance and section 70-89 of the City Code. Such exemption shall only apply to conservation divisions as described in section 70-1 of the city Code.

B.

Environmental analysis. Prior to the disturbance of land greater than one (1) acre, a statement from the U.S. Army Corps of Engineers providing an analysis of the property's environmental value shall be submitted to the planning department for review. Prior to the issuance of a land disturbance permit or building permit, it must be found by the planning director or the director's designee that the proposed disturbance meets the intent and description of the C-1 district as described above. For those uses which require a conditional use permit, city council must find after public hearing that the proposed use would not jeopardize the environmentally sensitive areas.

C.

Off-street parking. The minimum off-street parking requirements for each use in the C-1 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 10-602.

D.

Site plan review. Since the basic purpose of the C-1 conservation district is to protect and preserve those natural water, forest and other open space areas which could not be replaced if misused or destroyed, the construction of supporting buildings, structures and parking spaces may have the potential for negative impacts. For this reason, site plan review is required to identify and mitigate such potential impacts. Therefore, no permits for construction or land disturbance may be issued until the site plan has been approved in accordance with the procedures set forth in article 18 and chapter 70 of the city Code. For those uses which require a conditional use permit, review of the required site plan shall be in accordance with article 17 of this ordinance.

(Ord. No. 02-O-084, 7-16-02)

This district is created to maintain and preserve those areas that are designated and developed for recreational purposes, whether as a public facility, a commercial enterprise, a nonprofit sports activity or as an amenity to a residential or commercial development. Only a limited number of recreational uses, not involving buildings and other structures, are permitted as a matter of right, with all other proposed recreational uses and structures requiring approval through the use permit process. The term "recreation" is not limited by a specific definition, but is to be understood and applied in its broadest sense and is specifically intended to include commercially operated enterprises. Approval of the proposed uses and structures is directly dependent upon their compatibility with the surrounding community.

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 1 acre.

2.

Minimum lot width, 150 feet.

Minimum lot frontage, 120 feet.

3.

Principal building setback including all buildings, structures, and recreational equipment (required yards).

a.

From streets (front yards), 50 feet. Setback from streets 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, setbacks shall be measured as provided for in section 19-202.

b.

From lot lines.

i.

Side yard, 50 feet.

ii.

Rear yard, 50 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 30 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

6.

Accessory buildings setbacks. The building setback for all accessory buildings shall be the same as principal building setbacks.

B.

Off-street parking. There shall be off-street parking provided for all active park and recreation lands. The minimum parking requirements for each active recreation use in the C-2 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 10-602.

C.

Signs. Signs shall be permitted in accordance with section 14-700 et seq. of this ordinance.

D.

Site plan review. Since the basic purpose of the C-2 conservation district is to maintain and preserve recreational uses and open space, the construction of supporting buildings, structures, and parking spaces may have the potential for negative impacts. For this reason, site plan review is required to identify and mitigate such potential impacts. Therefore, no permits for construction or land disturbance may be issued until the site plan has been approved in accordance with the procedures set forth in article 18 of this ordinance and chapter 70 of the city Code. Site plans required for conditional use permits shall be reviewed in accordance with article 17 of this ordinance.

(Ord. No. 97-O-133, 10-21-97; Ord. No. 05-O-015, 3-8-05; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-028, 3-20-18)

This district is created to maintain and preserve those areas that are designated and developed for recreational uses and facilities, whether as a public facility, commercial enterprise or non-profit or for-profit sports activity involving buildings and structures. The term "recreation" is not limited by a specific definition, but is understood and applied in its broadest sense, and is specifically intended to include commercially operated enterprises, such as stadiums, arenas, and recreation centers. Approval of the proposed uses, buildings and structures is directly dependent on their compatibility with the surrounding community.

(Ord. No. 03-O-074, 6-17-03)

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 1 acre.

2.

Minimum lot width, 150 feet.

Minimum lot frontage, 120 feet.

3.

Principal structure setback including all buildings, structures, and recreational equipment (required yards).

a.

From streets (front yards), 50 feet. Setback from streets 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, setbacks shall be measured as provided for in section 19-202.

b.

From lot lines.

i.

Side yard, 50 feet.

ii.

Rear yard, 50 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 30 percent.

5.

Maximum structure height, 35 feet. (Note: under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

6.

Accessory structure setbacks. The setback for all accessory structures shall be the same as principal structure setbacks.

B.

Off-street parking. There shall be off-street parking provided for all developments and uses in the C-3 district. The minimum parking requirements for each development and use in the C-3 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 10-602.

C.

Signs. Signs shall be permitted in accordance with section 14-700 et seq. of this ordinance.

D.

Outdoor artificial illumination.

1.

The following artificial illumination must be installed and shielded in a manner that minimizes off-site spill to greatest degree practicable:

a.

Low/high pressure sodium, mercury vapor, metal halide, or fluorescent luminaries over 50 watts.

b.

Incandescent luminaries over 160 watts.

c.

Artificial illumination for fields designed for class III or IV levels of play, as described in the Illuminating Engineering Society of North America (IESNA) Lighting Handbook, (typically including amateur or municipal league, elementary to high school, training, recreational or social levels).

2.

The following artificial illumination does not require shielding:

a.

Facilities designed for class I and II levels of play, as described in the IESNA Lighting Handbook, (typically including college, semi-professional, professional or national levels) shall use luminaries with minimal uplight consistent with the illumination constraints of the design.

b.

Where fully shielded fixtures are not utilized, acceptable luminaries shall include those which:

i.

Are provided with internal or external glare control louvers and installed so as to minimize uplight and offsite light trespass, and;

ii.

Are installed and maintained with aiming angles that permit no greater than five percent (5%) of the light emitted by each fixture to project above the horizontal.

3.

Illumination. All luminaries shall be designed to achieve no greater than the minimal illumination levels for the activity as recommended by the IESNA.

4.

Off-site spill. Luminaries shall limit off-site spill to the maximum extent possible consistent with the illumination constraints of the design.

a.

Class III and IV levels require a design goal of 5 lux (0.5 fc) at any location on any non-residential property, and 1 lux (0.1 fc) at any location on any agriculture and residential property, as measured from any orientation of the measuring device.

b.

Class I and II levels of play require a design goal of 7.5 lux (0.75 fc) at any location on any non-residential property, and 1.5 lux (0.15 fc) at any location on any agriculture and residential property, as measured from any orientation of the measuring device.

5.

Certification. Every artificial illumination system design and installation shall be certified by a registered engineer as conforming to all applicable restrictions of this section.

6.

Curfew. Artificial illumination shall be terminated according to the following times:

a.

Urban overlay district 11:00 p.m.

b.

Suburban overlay district 11:00 p.m.

c.

Rural overlay district 11:00 p.m.

Artificial illumination may occur after the curfew only to conclude a scheduled event that was unable to conclude before the curfew due to unusual and unexpected circumstances, as determined by the zoning administrator or designee.

7.

Additional illumination. If the installation of new or additional artificial illumination that was not approved on a final site plan is proposed, then the zoning administrator or designee must determine that the design and installation of said illumination is in conformance with the zoning ordinance prior to any such installation.

E.

Landscape buffering. Developments in the C-3 district shall comply with the landscape buffering requirements for the C-2 district set out in section 19-610.

F.

Site plan review. Since the basic purpose of the C-3 recreation district is to maintain and preserve recreational uses, the construction of supporting buildings, structures and parking spaces may have negative impacts on surrounding areas and public infrastructure. For this reason, development site plan review is required to identify and mitigate potential impacts. No permit for construction or land disturbance may be issued until the final site plan has been approved in accordance with the procedures set forth in article 18 and chapter 70 of the city code. Site plans required for conditional use permits shall also be reviewed in accordance with article 17 of this ordinance.

(Ord. No. 03-O-074B, 6-17-03; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-015, 3-8-05; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-028, 3-20-18)

The following uses and structures shall be construed to be accessory to lawful principal uses and structures in the C-3 district. In the event of a conflict between this article and article 14, the more permissive restriction shall govern.

1.

Uses. Uses that are customarily associated with professional sports clubs, arenas, stadiums, sports camps, commercial recreational facilities and similar uses shall be construed to be accessory including but not limited to the following:

a.

Concession operations.

b.

Administrative offices.

c.

Retail sporting goods.

d.

Locker rooms.

e.

Eating places with seating.

f.

Playing and practice fields.

g.

Medical treatment of sports-related injuries.

2.

Structures. Structures that are customarily associated with professional sports clubs, arenas, stadiums, sports camps, commercial recreational facilities and similar uses shall be construed to be accessory including but not limited to the following:

a.

Occupancy areas for caretakers, watchmen or proprietors provided:

i.

Only one such area is permitted per recorded parcel of land.

ii.

Such area does not exceed 25 percent of the floor area of the principal building or 2000 square feet, whichever is less.

iii.

When provided in a freestanding mobile home, such area shall be subject to the requirements contained in section 13-903 of this ordinance.

b.

Parking garages.

c.

Artificial illumination.

(Ord. No. 03-O-074B, 6-17-03)

This district is created primarily for the protection of the agricultural industry and rural section of the city from the invasion of urban and suburban uses and to preserve agricultural lands, forest lands and open space in the interest of the health, safety and welfare of the community. This district is not intended for major residential development; therefore, residential development and subdivisions for residential purposes in the A-1 agricultural district are prohibited except for (i) minor subdivisions, as that term is defined in section 3-403 of this ordinance, (ii) preservation divisions, as that term is defined in section 10-201 of this ordinance, and (iii) conditional cluster developments approved in accordance with section 6-2200 et seq. of this ordinance.

(Ord. No. 98-O-155, 10-20-98; Ord. No. 02-O-084, 7-16-02; Ord. No. 04-O-079, 5-18-04; Ord. No. 24-O-064, 6-18-24)

A.

The following development standards shall apply to all A-1, Agricultural District lots with residential development:

1.

Accessory structures on all such lots shall comply with the standards for the agricultural district as set forth in subsection 14-102(D) of this ordinance.

2.

Lots consisting of ten (10) or more acres with a residential structure shall comply with the development standards for RE-1 lots in section 6-300 et seq. and with the provisions set out in sections 6-2001(A) and 10-200 of this ordinance.

3.

A-1 lots under ten (10) acres with a residential structure shall comply with the development standards for RE-1 lots in sections 6-300 et seq., and with the provisions in sections 6-200, and 6-2000 through 6-2003 of this ordinance.

B.

Exemptions.

1.

Approved cluster developments shall be subject to section 6-2200 et seq. of this ordinance.

2.

The three (3) acre minimum lot size for A-1 lots may be reduced to one (1) acre or more in the case of property immediately surrounding a residential structure that was in existence and occupied prior to July 20, 1995; provided that, where septic tanks are used, the Chesapeake Health Department certifies that adequate sewage disposal can be assured. Any such lot shall comply with the minimum lot widths, setbacks and maximum lot coverage standards for nonresidential development of A-1 lots as set out in subsection 10-503(A) below and the provisions in sections 6-2000 through 6-2003 of this ordinance.

(Ord. No. 95-O-112, 6-20-95; Ord. No. 04-O-079, 5-18-04; Ord. No. 18-O-017, 2-20-18; Ord. No. 20-O-059, 6-16-20)

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 1 acre.

2.

Minimum lot width, 150 feet, except that conservation divisions meeting the criteria in section 70-1 of the city Code shall be exempt from minimum lot width requirements. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

3.

Minimum lot frontage, 120 feet, except that conservation divisions meeting the criteria in section 70-1 of the city Code shall be exempt from minimum lot frontage requirements. For lots used exclusively for storm water management, open space or conservation not subject to the exemption for conservation divisions and that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

4.

Principal building setback (required yards).

a.

From streets (front yards), 30 feet. (Setback from streets shall be measured from the reservation line established in accordance with section 19-202. Where a reservation line cannot be established under these provisions, setbacks shall be measured from alternate right-of-way lines as provided for in section 19-202.)

b.

From lot lines.

(1)

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The least width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 5 feet in width.

(2)

Rear yard, 40 feet.

5.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

6.

Maximum building height.

a.

Buildings and structures used in conjunction with a bona fide agricultural use in the A-1 agricultural district. No height limitation.

b.

For those buildings and structures which are not used in conjunction with agricultural uses, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the A-1 agricultural district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 10-602.

(Ord. No. 02-O-084, 7-16-02; Ord. No. 05-O-071, 6-21-05; Ord. No. 18-O-017, 2-20-18)

A.

In general. The following tables set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in all conservation and agricultural districts in the city. Where a use is not listed it shall not be 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, 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 tables. The symbols in the table below shall have the following meanings:

C.

Special conditions pertaining to specific uses. In the table below, the numbers shown in the column entitled "condition" shall have the following meaning:

1.

In accordance with section 14-300 et seq. of this ordinance.

2.

See section 13-800 et seq. of this ordinance for supplemental regulations.

3.

Kennels shall be developed and operated in accordance with section 13-800 et seq. and subsection 14-102.B.7.c. of this ordinance. Kennels and stables shall be located in accordance with section 14-102 et seq. of this ordinance.

4.

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

5.

All activities, including storage, shall be conducted within a completely enclosed building.

6.

Limited only to farm-to-market hauling, hauling live animals, log trucking, trucking timber or other hauling operation in conjunction with a bona fide agricultural operation as approved by the zoning administrator.

7.

See section 13-700 et seq. of this ordinance for supplemental regulations.

8.

See section 13-600 et seq. of this ordinance for supplemental regulations. Administrative review-eligible projects shall only be permitted if the requirements of section 13-602 are satisfied.

9.

See section 13-1700 et seq. of this ordinance for supplemental regulations.

10.

All display areas shall meet all building setback requirements.

11.

See section 13-1400 et seq. for supplemental regulations.

12.

See section 13-1600 et seq. for supplemental regulations.

13.

Limited only to agriculture equipment repair, blacksmith shops, farm machinery repair, harness repair, saddlery repair, septic tank cleaning service, tractor repair or any other repair service related to a bona fide agriculture operation as approved by the zoning administrator.

14.

Fields equipped with outdoor lighting must receive approval of a conditional use permit from the city council.

15.

See section 14-800 et seq. for supplemental regulations.

16.

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

17.

Child care permitted in a private home as a home occupation with the maximum number of children permitted as determined by state-approved regulations and operated in accordance with all state-approved regulations. Also see section 13-500 et seq. of this ordinance for supplemental regulations.

18.

There shall be no more than ten (10) persons housed on one lot and all operations shall be operated in accordance with all city and Commonwealth regulations.

19.

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

20.

See section 14-903 for supplemental regulations.

21.

See section 13-1300 et seq. for supplemental regulations.

22.

An assembly use located in, or that will be located in, a building containing more than one leasable space and required to obtain a conditional use permit shall submit all of the following in addition to the requirements of article 17:

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 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.

23.

The following conditions must be present for the use to be permitted:

a.

Minimum lot area, five (5) acres.

b.

The property shall not be located within a major subdivision as defined in chapter 70 of the Chesapeake city Code.

24.

All operations shall be in accordance with the Virginia Seed Tree Law (Sections 10.1-1181.1 through 10.1-1181.7 of the Code of Virginia, 1950, as amended); Section 404 of the Federal Clean Water Act, as amended; and Section 323.4 of Title 33 of the Code of Federal Regulations, as amended.

25.

See section 13-2200 et seq. of this ordinance for supplemental regulations.

26.

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

27.

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.

28.

If a use is located on property adjacent to a residential zoning district or within five hundred (500) feet of any structure used for residential purposes, a conditional use permit shall be required.

29.

All racetracks, including without limitation, racetracks for motor vehicles, animals and drag strip races, shall be subject to the supplemental regulations and criteria set out in section 13-2300 et seq. of this ordinance.

30.

Cluster developments are subject to special criteria in section 6-2200 et seq. of this ordinance and article VI of chapter 70 of the City Code. Cluster developments with more than five (5) lots shall require a conditional use permit.

31.

A conditional use permit shall be required for any central disposal system, including but not limited to, private sewage package plants, and for any regional drainfield if serving more than one residential dwelling unit or non-residential 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 the 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 that serves only one residential dwelling unit or one non-residential parcel shall be exempt from the conditional use permit requirement.

32.

Solid waste management facilities, as defined in section 62-86 of the City Code, shall be developed and operated in compliance with the requirements of article II and article IV of chapter 62 of the City Code.

33.

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

34.

The keeping of livestock shall be permitted in the A-1, Agricultural District; provided that all stables and enclosures shall be located in accordance with subsection 14-102.D and any swine kept on an A-1 lot shall be compliant with the requirements in City Code section 10-18.

35.

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

36.

See section 13-3200 of this ordinance for supplemental regulations.

(Ord. No. 94-O-180, 9-20-94; Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-133, 10-21-97; Ord. No. 99-O-142, 11-16-99; Ord. No. 01-O-032, 4-17-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-079, 5-18-04; 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. 09-O-005, 1-20-09; 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. 18-O-017, 2-20-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 23-O-109, 11-28-23)

SECTION 10-602. TABLE OF PERMITTED AND CONDITIONAL USES IN AGRICULTURAL
AND CONSERVATION DISTRICTS

(Ord. No. 94-O-198, 9-27-94; Ord. No. 94-O-254, 12-20-94; Ord. No. 95-O-157, 8-15-95; Ord. No. 96-O-088, 6-18-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 97-O-133, 10-21-97; Ord. No. 00-O-098, 8-15-00; Ord. No. 03-O-74B, 6-17-03; Ord. No. 04-O-012, 1-20-04; Ord. No. 04-O-079, 5-18-04; Ord. No. 04-O-124, 8-17-04; 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. 18-O-017, 2-20-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 22-O-126, 12-20-22; Ord. No. 23-O-109, 11-28-23; Ord. No. 24-O-088, 8-20-24)

*See section 10-601(C)

**See section 19-411