Within all zoning districts, except C-1 and C-2, it is intended to permit, on application and approval of detailed site, use, building, and development plans, the establishment of new Planned Unit Development (PUD) districts for specialized purposes where tracts are in a suitable location, area, and character for the uses and structures proposed to be planned and developed in a unified manner. Suitability of such tracts for the plans and development proposed for the PUD district shall be determined primarily by reference to the existing and prospective character of surrounding development and the city's adopted Comprehensive Plan. Within PUD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which regulations are intended to control development on a lot-by-lot rather than unified basis. PUD's are further intended to promote the economical and efficient use of land, an improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better environment. PUD districts include planned unit residential development, (PUD-R), planned unit commercial development (PUD-C), planned unit industrial park (PUD-IP), and urban planned unit development (PUD-U).

In view of the substantial public benefits of planned mixed-use development, it is the intent of these regulations to promote and encourage development in this form where undeveloped parcels are in an appropriate location which lend themselves to an individual, planned approach.

PUD's shall be designed to ensure that the following standards will be met:

1.

The proposed development shall be of such design that it will promote achievement of the stated purposes of the Chesapeake adopted Comprehensive Plan.

2.

The development will efficiently utilize that available land, and will protect and preserve to the extent possible natural features of the land such as trees, streams and topographic features.

3.

The development will be located in an area in which transportation, police and fire protection, and other public facilities and public utilities, including sewerage, are existing or planned and funded with available capacity to adequately serve the development.

4.

The development will include features, such as enhanced building quality, innovative site design, historic preservation, or open space protection and landscaping that exceeds the standards found in conventional developments.

5.

In determining whether a proposed PUD should be approved, the planning commission and city council should consider, among other things, the extent to which the proposed development plan is consistent with the Chesapeake adopted Comprehensive Plan and other adopted plans and policies of the city and the overall benefits of the project to the city.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 17-O-081, 11-21-17)

For the purposes of this ordinance, a planned unit development is defined as an area of land under unified ownership or control to be developed as a single development operation or phased series of development operations where two or more uses may be included. The plan and the development program includes not only land improvements such as streets and utilities, but also all structures as proposed to be located, constructed, and used. Also included shall be programs for the provision, operation, and maintenance of open and recreational areas, facilities, and functions for common use by all or substantial portions of the occupants. The term "planned unit development" as used in this ordinance shall apply equally to and include "planned unit development" as defined in section 15.1-430 of the Code of Virginia, 1950, as amended.

(Ord. No. 02-O-115, 9-17-02)

A.

Dimensional requirements and use tables. A PUD as defined in section 11-200 shall not be required to comply with the dimensional and use table requirements otherwise applicable under this zoning ordinance; however, if dimensional requirements or use tables are not set forth in the approved master development plan, the following standards shall be used by the city as a reference in reviewing and approving individual subdivision and site plans:

1.

For single-family detached development, development standards shall be in accordance with R-15s district regulations.

2.

For single-family attached development, development shall be in accordance with R-TH-1 district regulations.

3.

For multi-family development, development shall be in accordance with R-MF-1 district regulations.

4.

For office, public, and semi-public uses, development shall be in accordance with O and I district regulations.

5.

For commercial uses, development shall be in accordance with B-2 district regulations.

6.

For industrial development, development shall be in accordance with M-1 district regulations.

7.

Open space and recreational development shall be in accordance with C-2 district regulations.

B.

All other development standards. The development shall conform to all other requirements of the zoning ordinance, subdivision ordinance and the public facilities manual unless such requirements are expressly waived or modified in the approved master development plan.

(Ord. No. 02-O-115, 9-17-02)

A PUD amendment may be initiated by city council, the planning commission or by the property owner of, or any person having contractual interest in, the property which is subject to the application. The city council may, after study by the planning department and public hearing by the planning commission, zone the property PUD; however, the property owner or developer must follow the procedures set out below prior to building permit issuance.

(Ord. No. 02-O-115, 9-17-02)

Prior to filing a preliminary development plan, the applicant shall prepare a sketch plan showing the concept, character, and nature of the proposed development for review. The sketch plan shall show the following information:

1.

General location of residential and nonresidential land uses;

2.

Categories of uses to be permitted;

3.

Overall maximum density of residential uses and intensity of nonresidential uses;

4.

General location of vehicular and pedestrian circulation systems;

5.

General location and extent of public and private open space and community facilities;

6.

General location of sewer, water, and drainage systems;

7.

Projected phasing of development.

The sketch plan shall be reviewed by the director of planning, or the director's designee, and other city department heads, or their designees, as the planning director determines is appropriate. The director of planning shall coordinate preapplication review of the proposed PUD. Upon completion of the sketch plan review, the director of planning shall provide the applicant with written comments with respect to the proposed PUD and shall also provide such recommendations as may inform and assist the applicant in preparing an application for approval of a PUD. Upon request by the planning director or the applicant, a preapplication conference may be required. No communications received by the applicant or the city in conjunction with review and comment on the sketch plan are binding on either the city or the applicant.

(Ord. No. 02-O-115, 9-17-02)

Applications for a PUD amendment shall be submitted as required for other zoning amendments. Materials submitted with the application or on subsequent request by the planning commission shall include all plans, maps, studies, and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. All maps taken together with all reports and other written statements shall be considered the master development plan. The following shall be submitted for a PUD amendment:

1.

All information required for a rezoning application as set forth in section 16-102.B of this ordinance.

2.

A filing fee equal to that amount required for review of a zoning amendment.

3.

The names and addresses of all professional consultants advising the applicant with respect to the proposed planned development.

4.

A written statement generally describing the proposed PUD, the market which it is intended to serve, and its relationship to the Chesapeake adopted Comprehensive Plan.

5.

The master development plan shall consist of a drawing and development criteria in narrative format. The proposed master development plan shall include the following:

Drawing:

a.

A general land use plan prepared by a licensed surveyor, engineer, architect, landscape architect, or planner utilizing a scale so that the entire parcel can be shown on one piece of paper no larger than thirty (30) inches by forty (40) inches; however, in no case shall the scale be less than one inch equals eight hundred (800) feet. The general land use plan shall include, but not be limited to, a description of the type, location and nature of land use within each area of the development, including intensity of use.

b.

A proposed traffic circulation concept which illustrates both arterial and internal collector streets related to the development, including proposed right-of-way;

c.

A generalized layout of water and sewer service, schools, fire protection to include emergency access, recreation, and similar essential services proposed for the planned unit development;

d.

A delineation of the minimum open space areas, including any perimeter and buffer areas;

e.

A tabulation of the following information:

i.

The total number of dwelling units proposed by type of structure;

ii.

The total square feet of building floor area for nonresidential uses by general type;

iii.

The total land area, expressed in acres and a percent of the total development area proposed to be devoted to open space, residential, and non-residential uses by type of use.

f.

If non-city standard streets are proposed, including those that do not meet city standard emergency access requirements, proposed street sections for all streets and alleys within the PUD, to include pavement widths, parking, landscaping, utilities and heights of adjacent buildings.

Development criteria in narrative format:

a.

Nature, type, and location of land use within each area of the development, including intensity of use. Intensity of use may be regulated as follows:

i.

For nonresidential development, the intensity of development may be regulated:

(a)

By specifying the maximum square footage or gross leasable area,

(b)

By specifying setbacks, height bulk restrictions, and spacing between buildings, or

(c)

By a combination of such restrictions for the project as a whole or for components or subareas within the project.

In addition, nonresidential PUDs plans may specify performance standards to be imposed on the project and restrictions regarding location and nature of industrial, commercial, and other nonresidential activities.

ii.

For residential development, the intensity of development may be regulated:

(a)

By specifying the number of dwelling units per acre;

(b)

By specifying setbacks, height, bulk restrictions and spacing between buildings, or

(c)

By a combination of such restrictions for the project as a whole or for components or subareas within the project.

In addition, residential PUDs plans may specify performance standards to be imposed on the project and restrictions regarding location and nature of residential activities.

b.

A description of street, streetscape design and street sections;

c.

A description of water and sewer service, schools, fire protection, recreation, and similar essential services;

d.

A description of the minimum open space areas, including any perimeter and buffer areas and improvements;

e.

A general statement describing the provision that is to be made for the dedication or care and maintenance of any public or private open space or service facilities;

f.

The proposed schedule of parking and loading spaces for each proposed type of land use; and

g.

Bulk, area, and height restrictions specified for the project as a whole or for subareas and/or components of the project.

h.

If the PUD is proposed for construction in phases during a period extending beyond one year, a proposed schedule of development of such phases shall be submitted stating the following:

i.

The infrastructure improvements that will be completed with each phase of construction;

ii.

The proposed intensity of use for each type of land use to be provided or constructed during each phase;

iii.

The total amount of public and private open space to be provided or constructed during each phase;

iv.

The overall chronology of development to be followed from phase to phase.

i.

Architectural specifications, guidelines, review procedures, statement of architectural variety, and enforcement mechanisms for architectural review of all buildings and structures.

j.

Specifications relating to landscaping and buffering requirements.

6.

A community impact statement which describes the probable effect of the proposed development upon the community. At a minimum, it shall address the following:

a.

Adequacy of existing public facilities and services to serve the development. Analysis shall be made of sewer, water, schools, fire stations and other major locally financed facilities.

b.

Additional on-site and off-site public facilities or services which would be required as a result of the development.

c.

A traffic and transit impact analysis indicating the relationship of the proposed development to traffic, road, and transit use and plans in the immediately surrounding area.

d.

Fiscal impact analysis of the proposed development, such as estimated tax revenues to be generated versus the cost of public improvements to be financed by the city or the state.

e.

Impact of construction and permanent changes in land use upon surrounding property, such as aesthetics, vegetation, stormwater management, noise, air, and water pollution.

f.

Employment opportunities to be generated by the development.

g.

The overall chronology of development to be followed from phase to phase.

7.

Evidence that the applicant has sufficient control over the subject property to effectuate the proposed PUD, including a statement of legal, beneficial, tenancy and contractual interests held in or affecting the subject property and including a current certificate abstract of title or commitment from title insurance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 17-O-081, 11-21-17)

A duly noticed public hearing on the proposed PUD shall be set and advertised in accordance with section 16-105 of this ordinance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03)

The planning commission shall hold a duly noticed public hearing on the proposed PUDs in accordance with the provisions set forth in section 16-106 of this ordinance. In addition to the required findings set forth in section 16-106, the planning commission shall also consider the following factors:

1.

The suitability of the tract for the general type and intensity of land use of the PUD District proposed in terms of relation to the adopted Comprehensive Plan, physical characteristics of the land, character and scale of surrounding development, and the area in general, anticipated impact on public facilities and services, and existing and probable future development;

2.

The suitability of ingress and egress and other access standards in relation to the city's thoroughfare system, existing and projected traffic volumes, and the effects of the proposed development on traffic flows and circulation patterns;

3.

The suitability of proposed public facilities and real property to be dedicated to the city of Chesapeake or Chesapeake school board by requesting approval from the appropriate receiving agency.

4.

The linkage of development to the adequacy of major roads, utilities, public facilities and services, the impact of the proposed development on existing and/or planned facilities, and the overall cost and revenues to the city;

5.

The adequacy of evidence of unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments; or the need for such instruments or for amendments of the proposal;

6.

In connection with plans submitted as part of the application, the suitability of such plans or the desirability of amendments;

Based on such factors, the planning commission shall recommend approval of the PUD amendment as proposed, approval with stipulated modifications, or disapproval.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 17-O-081, 11-21-17)

A duly noticed public hearing on the proposed PUD shall be set and advertised in accordance with section 16-107 of this ordinance.

(Ord. No. 02-O-115, 9-17-02)

A.

On applications for PUD rezonings, the city council shall proceed as provided for in other amendments. The city council may approve the PUD application as proposed, may include specific modification of the master development plan, including without limitation, the development criteria, or may deny the application.

B.

If the PUD rezoning is granted, the city council may approve the land use plan and development criteria, in whole or in part or may indicate required changes, and such approval and requirements shall be binding in determinations concerning the final development plans.

C.

If the city council grants the PUD rezoning, the development shall be in conformance with the master development plan, the development criteria and the requirements of this ordinance, the City Code and the public facilities manual, as specifically supplemented or modified by city council as part of the PUD rezoning. City council may add conditions or additional criteria to any approval given, said conditions and additional criteria to be implemented and enforced in the manner of a text amendment applicable to the property in the PUD.

(Ord. No. 02-O-115, 9-17-02)

The approval of a PUD amendment, and the approval of the accompanying master development plan by city council, shall constitute authority for the applicant to prepare a preliminary development plan. The term "preliminary development plan" shall mean a preliminary site or subdivision plan. Such plan shall be prepared substantially in accordance with the approved master development plan and all applicable provisions of the Chesapeake subdivision ordinance, zoning ordinance and the public facilities manual, including the site plan provisions established in article 18 of this ordinance.

(Ord. No. 02-O-115, 9-17-02)

In addition to the submission requirements established in the Chesapeake subdivision ordinance and article 18 of the ordinance, the applicant shall also submit, as an attachment, copies of all charters, covenants, restrictions and/or other instruments pertinent to the use, maintenance, operation, and/or control of all common open space areas and other common facilities within the development. Such documents shall have been developed in accordance with the common open space/common improvements provisions established in article 13 of this ordinance. In addition, all preliminary plans shall show the different types of open areas and other public amenities, the proposed use of all buildings, and areas dedicated for public or private common use. Location of proposed improvements within common areas shall be submitted for approval with the preliminary development plan.

(Ord. No. 02-O-115, 9-17-02)

A.

Minor modifications.

1.

Minor modifications of the master development plan may be authorized by the planning director or designee, provided the modifications will not:

a.

Change by more than ten (10) percent (up to a maximum of ten (10) acres) the amount of area devoted to any residential or nonresidential use provided that there is no increase in the total number of dwelling units;

b.

Decrease the amount of area devoted for private and/or public open space more than five (5) percent (up to a maximum of five (5) acres);

c.

Relocate the approved circulation elements or public infrastructure to any extent that would decrease the ability of such elements or infrastructure to function efficiently, or adversely affect the development, surrounding lands and circulation elements;

d.

Alter the arrangement of land uses, other than the expansion or contraction of the boundaries of approved land uses;

e.

Depart from the approved master development plan in any other manner which the planning commission shall, based on stated findings and conclusions, find materially alter the plan or concept for the proposed PUD; or

f.

Be contrary to the legislative intent of the city council in approving said master development plan.

g.

Amend the language or criteria contained within the approved PUD development criteria that would in any way allow the prohibited modifications as set out in this section or that would modify the requirements of section 11-1500.

2.

Minor modifications of the street, sidewalk, street lighting and storm water drainage criteria within the master development plan may be approved by the director of development and permits, or designee. Minor modifications to the master water and sewer plan may be approved by the director of public utilities, or designee. Such minor modifications shall not reduce the scope or quantity of public facilities, as determined by the director of development and permits, or designee, the director of public utilities, or designee with the concurrence of the director of planning or designee and the chief of the fire department or designee.

3.

Requests for minor modifications normally shall be included within or treated as a subdivision or site plan proposal.

B.

Major modifications. Any proposed major modification, as determined by the planning director or designee, shall not be approved without amendment to the master development plan in accordance with the same procedures as specified for initial submission.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 09-O-051, 5-19-09; Ord. No. 14-O-016, 2-18-14)

Unless otherwise expressly approved by city council, development within all the PUD districts shall be served by public utility facilities. 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 serving more than one residential dwelling unit or more than one non-residential parcel. In addition to the criteria in article 17, city council shall apply the level of service test for roads set out in the Planning and Land Use Policy in the adopted Comprehensive Plan.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 05-O-147, 11-22-05; Ord. No. 17-O-081, 11-21-17)

A.

All streets within the PUD districts shall be public, except that city council may approve private streets serving a multifamily housing development, urban planned unit development, and private alleys and drive aisles providing secondary or internal access for a parcel or lot having primary frontage on a public road. All sidewalks, street lighting and stormwater drainage improvements shall also be public, unless otherwise expressly approved by city council. All public streets, utilities and other public improvements shall meet the design and construction requirements of the director of development and permits, or designee, the fire department and department of public utilities, except as specified in subsection B. All private streets, alleys and drive aisles shall meet specifications approved by the director of development and permits, or designee, the fire department and the criteria in subsection 6-1602.C.6., unless waived or modified under subsection B.

B.

The uniqueness of each proposal for a PUD requires that geometric design of streets, sidewalks, and street lights may be subject to modification from the specifications established by the director of development and permits, or designee. The planning commission may, therefore, within the limits hereafter specified, waive or modify the specifications otherwise applicable for a particular facility where the planning commission finds that such specifications are not required in the interests of the inhabitants of a PUD and that the modifications of such specifications are not inconsistent with the interests of the city as a whole.

C.

It shall be the responsibility of the applicant to demonstrate to the satisfaction of the director of development and permits, or designee, and the planning commission with respect to any requested waiver or modification:

1.

That the waiver or modification will result in design and construction that is in accordance with accepted engineering standards;

2.

That the waiver or modification is reasonable because of the uniqueness of the PUD or because of the large area of the PUD within which the nature and excellence of design and construction will be coordinated, pre-planned and controlled;

3.

That any waiver or modification to street geometry is reasonable with respect to the generation of vehicular traffic that is estimated to occur within the area of the master development plan;

4.

That any waiver or modification as to sidewalks required for collector streets or larger, commercial areas, industrial areas, and residential areas where densities exceed ten (10) dwelling units per acre, be justified on the basis of anticipated pedestrian traffic or because other provisions are made for pedestrian traffic and that all sidewalks or pedestrian ways not within the public rights-of-way are maintained by the property owners association;

5.

That traffic lanes of streets are sufficiently wide to carry the anticipated volume and speed of traffic and to accommodate design vehicles, including fire protection equipment and emergency operations as mandated by the fire code and public facilities manual regarding adjacent building height and access points; and

6.

That the developer shall make provisions approved in advance by the director of development and permits, or designee, for the maintenance of decorative street lights which are more expensive to maintain than city standard streetlights.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 09-O-051, 5-19-09)

Development criteria shall contain a detail of sign regulations permitted in the development. This should include details regarding freestanding signs, wall signs, projecting signs, canopy signs, and directional signs. At a minimum, all signs within the PUD shall comply with the regulations for exterior signs set forth in article 14; excepting signage on any mixed-use building at least four (4) stories in height. Mixed-use buildings in a PUD that are at least four (4) stories in height may establish sign regulations for such building in the PUD's development criteria. Billboard signs shall not be permitted in the PUD. Any development criteria containing content-based sign regulations must further a compelling governmental interest and be narrowly tailored toward achieving that interest.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-048, 5-17-22)

The height of any building in the PUD district shall not exceed 35 feet; however, heights exceeding 35 feet may be approved by city council with the approval of the master development plan.

(Ord. No. 02-O-115, 9-17-02)

Existing natural conditions and historic sites/structures shall be identified and considered during the master plan development process. Natural features include a significant stand of trees, outstanding trees, trees greater than 18 inches in diameter, watercourses, natural drainage patterns, and rare or endangered plant material. Historic sites and structures include all properties and structures identified in the Reconnaissance and Intensive Survey of Architectural Resources in the City of Chesapeake (1999, as amended).

(Ord. No. 02-O-115, 9-17-02)

Areas not included within individual lots or within publicly dedicated streets and property shall be protected by appropriate covenants/methods, developed in accordance with the provisions established in section 13-1800 et seq. of this ordinance.

(Ord. No. 02-O-115, 9-17-02)

Public trash collection will be limited to residential development consistent with city code and public works regulations. This generally limits public trash collection to city streets, for single-family detached, two-family attached and townhouses units.

(Ord. No. 06-O-051, 5-16-06)

Editor's note— Ord. No. 06-O-051, adopted May 16, 2006, added § 11-807 and renumbered the former § 11-807 as § 11-808. The historical notation has been preserved for reference purposes.

Additional land area may be added to an existing PUD if it is adjacent and forms a logical addition to the existing community and if it is under the same ownership or control. The procedure for an addition shall be the same as if an original application were filed.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

Editor's note— See note at § 11-807.

The PUD-R district is established to encourage innovative and creative design and to facilitate the most advantageous construction techniques in the development of land. The PUD-R district provides an additional innovative development technique beyond the cluster development opportunities available in certain residential districts and is designed to recognize the unique characteristics inherent to large scale residential development. Specifically, the district is intended to:

1.

Ensure ample provision and efficient use of open space;

2.

Promote high standards in the layout, design, and construction of residential development;

(Ord. No. 02-O-115, 9-17-02)

The PUD-R district may be located on property with a minimum of one hundred (100) acres in size within the urban and suburban overlay district only, subject to the procedures established in sections 11-400 et seq. In the case of areas designated for mixed use development on the Land Use Map of the adopted Comprehensive Plan, the PUD-R district may be located on property with a minimum of fifty (50) acres in size. No portion of a residential PUD shall be located in or approved for the rural overlay district.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 05-O-014, 3-8-05; Ord. No. 07-O-168, 10-16-07; Ord. No. 17-O-081, 11-21-17)

The maximum number of dwelling units in a PUD shall not exceed the maximum density allowed under the urban or suburban overlay district, depending upon the district in which the subject property lies. The standards for calculating densities are set forth in article 5 of this ordinance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 05-O-014, 3-8-05)

The master development plan shall designate the proposed dwelling unit densities within each residential area shown, according to the following categories:

Units for sale as condominiums may be in any of the dwelling types listed above, and the number of dwelling units per acre shall be determined by the dwelling type.

(Ord. No. 02-O-115, 9-17-02)

To ensure a balance of housing types within the PUD-R District, types of housing shall be in accordance with the following percentage distribution:

Single-family detached: 65%

Single-family attached: 20%

Multi-family: 15%

City council may consider and approve alternative percentage distributions of housing types clearly set out in the master development plan; however, such alternatives shall be approved only in those instances where the city council finds the proposal consistent with the policies and objectives set forth in the city's adopted Comprehensive Plan.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 17-O-081, 11-21-17)

A.

At least twenty-five (25) percent of the total acreage of the PUD shall be designated as open space. Such open space may include parks, lakes, walkways, trails, playground and recreational facilities, golf and sports facilities, and surface easements for drainage and other utilities over areas not within the lines of a residential lot.

B.

Fifty (50) percent of the required open space must be configured for usable recreation. Useable recreation open space or common areas shall not include: areas devoted to vehicular streets; any land which has been, or is to be conveyed to a public agency via an easement or purchase agreement unless the property to be conveyed will be used exclusively for recreational purposes; land which constitutes wetlands, as defined in the Code of Virginia, 1950, as amended; land submerged under nontidal waters, up to the normal water mark; or land that would otherwise be undevelopable.

C.

Notwithstanding section 19-600 et seq. of this ordinance, a minimum twenty (20) percent tree canopy coverage shall be provided for each section of the development.

A.

The approved master development plan or approved development criteria may specifically identify the permitted uses for each parcel in a PUD-R district subject to the requirements of section 11-908 of this article.

B.

If the approved master development plan or the approved development criteria does not specifically identify the permitted uses of a parcel in a PUD-R district, the following shall be the only permitted uses:

1.

Dwellings. Single-family detached, single-family attached, or multifamily.

2.

Public and semipublic uses not otherwise conditional or prohibited such as churches, schools, offices, libraries, fire stations, pump stations, parks, playgrounds, golf courses, swimming pools, tennis courts, recreational marinas, community centers and similar types of uses as determined by the planning director.

3.

Accessory uses and structures as defined and regulated under article 14 of this ordinance.

4.

Commercial uses that are designed, located, and scaled to serve primarily the needs of residents of the PUD. The total area devoted to commercial uses shall not exceed nine (9) percent of the gross area of the planned development. City council may consider and approve requests for additional commercial development if clearly set out in the master development plan; however, such increases in commercial development shall be approved only in instances where the city council finds the proposal to be consistent with the character of the surrounding development and with the policies and objectives set forth in the city's adopted Comprehensive Plan.

5.

Light industrial parks as provided as part of a master development plan; however, no such industrial park shall constitute more than 25 percent of the total land area, and the location of such park shall be consistent with the character of the surrounding development and with the policies and objectives of the city's adopted Comprehensive Plan. Individual uses in an industrial park shall conform to the requirements of this chapter. City council may consider and approve requests for additional industrial development if clearly set out in the master development plan; however, such increases in industrial development shall be approved only in instances where the city council finds the proposal to be consistent with the character of the surrounding development and with the policies and objectives set forth in the city's adopted Comprehensive Plan.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 17-O-081, 11-21-17)

The following use shall require a conditional use permit in a PUD-R district, notwithstanding anything contrary in the approved master development plan or the approved development criteria:

1.

Probation, parole and similar correctional or penal services. No conditional use permit shall be approved 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.

2.

Other than the use described in subsection 1, above, the approved master development plan or approved development criteria may specifically identify that certain uses require a conditional use permit.

3.

If the approved master development plan or approved development criteria does not specifically identify that a use requires a conditional use permit, the planning director or designee shall determine if the use requires a conditional use permit based on the requirements of similar uses set out in the zoning ordinance.

4.

The use of any central disposal system, including but not limited to private sewer package plants, or the use of a regional drainfield to serve 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 test for roads and schools set out in the Planning and Land Use Policy in the adopted Comprehensive Plan. The use of an individual septic system or central disposal system serving only one residential dwelling unit or non-residential parcel shall be exempt from the conditional use permit requirement.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 05-O-147, 11-22-05; Ord. No. 17-O-081, 11-21-17)

Editor's note— Ord. No. 05-O-147, adopted November 22, 2005, enacted provisions intended for use as subsection 3. Inasmuch as there are already provisions so designated, and at the discretion of the editor, said provisions have been redesignated as subsection 4.

A.

The number of single-family detached lots less than eight thousand (8,000) square feet within a PUD-R shall not exceed fifty (50) percent of the total number of single-family detached lots. City council may consider and approve requests for additional lots less than eight thousand (8,000) square feet if clearly set out in the master development plan. Such additional lots shall be approved only in those instances where the city council finds the proposal consistent with the policies and objectives set forth in the city's adopted Comprehensive Plan.

B.

There shall be a minimum separation between buildings of six (6) feet. Unless provided for in the master development plan, there shall be no required side yard setback.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06; Ord. No. 17-O-081, 11-21-17)

Non-residential uses are permitted in the PUD-R district only as provided generally in sections 11-1000 et seq. and 11-1100 et seq. of this ordinance, or as indicated in the approved master development plan. All such uses shall be subject to the following restrictions and requirements:

A.

Use, yard, sign, and parking requirements shall be the same as those in PUD-C and PUD-IP unless circumstances of a particular case require alternative regulations.

B.

The following are standards to be considered during subdivision and site plan review:

1.

The regulation of buildings, parking and service areas, access, landscaping, yards, courts, walls, signs, lighting, architecture, noise control, and other aspects of development shall be such as to protect the residential character of the PUD-R district and any other residential districts in the vicinity.

2.

Full cut-off lighting or equivalent/improved technology approved by the department of public works shall be provided on all exterior lighting fixtures.

C.

Lot coverage by all buildings shall not exceed thirty (30) percent of the net area of the site, exclusive of adjoining streets. City council may consider and approve requests for additional lot coverage if clearly set out in the master development plan.

(Ord. No. 02-O-115, 9-17-02)

This district is created to permit the development of neighborhood, community, and regional shopping centers at locations recommended in the city's adopted Comprehensive Plan, and in accordance with the standards set forth therein. It is intended to permit the establishment of such districts where planned centers have carefully organized buildings, service areas, parking areas, and landscaped open space and will clearly serve demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development along highways, and reduce negative impacts on surrounding residential neighborhoods. It is further intended that PUD-C provide a broad range of facilities and services appropriate to the general need of the area served.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 17-O-081, 11-21-17)

The PUD-C district may be located within any of the areas designated by the adopted Land Use Plan for the City of Chesapeake for regional center, general commercial, or regional planned unit development or other areas deemed by the planning director to be consistent with the policies and intent of the city's adopted Comprehensive Plan.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 17-O-081, 11-21-17)

A.

A minimum of twenty (20) percent of any individual building lot within such development shall be landscaped open space.

B.

All commonly owned open space areas and facilities within the development shall be protected by appropriate covenants/methods developed in accordance with section 13-1800 et seq., designed and guaranteed to ensure their perpetuation and maintenance.

(Ord. No. 02-O-115, 9-17-02)

A.

The approved master development plan or approved development criteria may specifically identify the permitted uses for each parcel in a PUD-C district subject to the requirements of subsection C.1. set out below.

B.

If the approved master development plan or approved development criteria does not specifically identify the permitted use of a parcel in a PUD-C district, the following shall be the only permitted uses:

1.

Service uses set out in sections 7-602 and 9-502 of the zoning ordinance.

2.

Commercial uses set out in sections 7-602 and 9-502 of the zoning ordinance. Commercial uses shall refer to uses not associated with public administration.

C.

The following use shall require a conditional use permit in a PUD-C district, notwithstanding anything to the contrary in the approved master development plan or approved development criteria:

1.

Probation, parole and similar correctional or penal services. No conditional use permit shall be approved 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.

2.

Except for the use set out in subsection C.1. above, if the approved master development plan or approved development criteria does not specify that a use requires a conditional use permit, the planning director or designee shall determine if the use requires a conditional use permit based on the requirements of similar uses set out in the zoning ordinance.

3.

The use of any central disposal system, including but not limited to, private sewer package plants, or the use of a regional drainfield to serve more than one parcel in PUD-C. In addition to the criteria in article 17, city council shall apply the level of service test for roads set out in the Planning and Land Use Policy in the 2026 Comprehensive Plan. The use of an individual septic system or central disposal system serving only one parcel shall be exempt from the conditional use permit requirement.

D.

The following uses shall be prohibited in the PUD-C district, notwithstanding anything to the contrary in the approved master development plan or the approved development criteria:

1.

Establishments primarily for the sale of used or secondhand merchandise.

2.

Outdoor storage, sales or display areas, except when enclosed by appropriate visual shielding.

3.

Flea markets as defined in article 3 of this ordinance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 05-O-147, 11-22-05)

No more than thirty (30) percent or the area of any lot in the PUD-C district shall be occupied by buildings or structures. City council may consider and approve requests for additional lot coverage if clearly set out in the master development plan, provided that the applicant installs and maintains landscape buffers and interior plantings substantially exceeding the minimums set forth in article 19 of this ordinance, in accordance with an approved landscape plan.

(Ord. No. 02-O-115, 9-17-02)

A pedestrian circulation plan that includes walkways, crosswalks, and traffic control devices that create safe and convenient pedestrian paths from all parking areas to shopping areas, which may include mall areas and other internal pedestrian walkways shall be provided on the master development plan. The pedestrian circulation plan shall accomplish the following:

1.

Minimize points of conflict between pedestrians and moving vehicles;

2.

Channelize pedestrian flows to crossing areas, and provide well-defined paths across major drive aisles with measures such as alternative paving materials, pavement colorized (not painted) in contrasting or complimentary hues and signage; and

3.

Connect internal pedestrian walkways to existing and future external walkways.

(Ord. No. 02-O-115, 9-17-02)

Principal vehicular access for the general public shall be only from major arterials and collector distributor roads. Vehicular access through minor streets through residential areas shall be generally avoided, and where permitted shall be so located, designed, and controlled as to be primarily for the convenience of residents of adjoining residential areas and not for general public access. Pedestrian access may be provided at any suitable location within the district but shall as a general rule be separated from vehicular access points in order to reduce congestion, points of conflict, and hazards.

(Ord. No. 02-O-115, 9-17-02)

PUD-C master development plan shall be in substantial conformance with section 13-2500 et seq. of the Chesapeake zoning ordinance and "Design Guidelines for Large Retail Establishments" for properties located in the transportation corridor overlay district, Appendix "B" of the Transportation Corridor Overlay District Policy.

(Ord. No. 02-O-115, 9-17-02)

The planned unit industrial park district (PUD-IP) is established to provide opportunities primarily for light industrial activities in a comprehensively designed and managed setting which will ensure an attractive appearance and will complement surrounding land use by means of appropriate building and service area siting and landscape treatment.

Specifically, encouragement of the use of the industrial park concept can:

1.

Increase the flexibility of design and development of industrial areas;

2.

Ensure the compatible operation of production activities with the surrounding community;

3.

Assist the community by attracting new employment opportunities;

4.

Expand the fiscal capacity of the city by adding new investments to the tax base;

5.

Contribute positively to the city's appearance; and

6.

Respect the natural environment.

(Ord. No. 02-O-115, 9-17-02)

The PUD-IP district may be located within any of the areas designated by the adopted land use plan for the city of Chesapeake for water-related industry, general manufacturing, warehousing, office-research-light industry, and airport development or other areas deemed by the planning director to be consistent with the policies and intent of the city's comprehensive plan.

(Ord. No. 02-O-115, 9-17-02)

A.

A minimum of twenty (20) percent of any individual building lot within such development shall be landscaped open space.

B.

All commonly owned open space areas and facilities within the development shall be protected by appropriate covenants/ methods developed in accordance with section 13-1800 et seq. designed and guaranteed to ensure their perpetuation and maintenance.

(Ord. No. 02-O-115, 9-17-02)

A.

The approved master development plan or approved development criteria may specifically identify permitted uses for each parcel in a PUD-IP district subject to the requirements of section 11-1105.

B.

If the approved master development plan or approved development criteria does not specifically identify the permitted uses of a parcel in a PUD-IP district, the following shall be the only permitted uses:

1.

Those uses listed as "permitted" in the table of permitted and conditional uses for the M-1 zoning district (section 8-602).

2.

Accessory uses in accordance with article 14 of this ordinance.

3.

Commercial uses which are designed, located, and scaled to serve primarily the needs of those working in the PUD-IP district. The total area devoted to commercial uses shall not exceed three percent (3%) of the gross area of the PUD-IP development. City council may consider and approve requests for additional commercial development if clearly set out in the master development plan; however, such increases in commercial development shall be considered only where the city council finds the proposal consistent with the character of the surrounding development and with the policies and objectives set forth in the city's adopted Comprehensive Plan.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 17-O-081, 11-21-17)

The following use shall require a conditional use permit in a PUD-IP district:

1.

Probation, parole, and similar correctional or penal services. No conditional use permit shall be approved 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.

2.

Other than the use described in subsection A.1, the approved master development plan or approved development criteria may specify that certain uses require a conditional use permit.

3.

If the approved master development plan or approved development criteria does not specify that a use requires a conditional use permit, the planning director or designee shall determine if the use requires a conditional use permit based on the requirements of similar uses set out in the zoning ordinance.

4.

The use of any central disposal system, including but not limited to private sewer package plants, or the use of a regional drainfield to serve more than one parcel in PUD-IP. In addition to the criteria in article 17, city council shall apply the level of service test for roads set out in the Planning and Land Use Policy in the adopted Comprehensive Plan. The use of an individual septic system or central disposal system serving only one parcel shall be exempt from the conditional use permit requirement.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 05-O-147, 11-22-05; Ord. No. 17-O-081, 11-21-17)

No more than fifty (50) percent of the area of any lot in the PUD-IP district shall be occupied by buildings or structures. City council may consider requests for additional lot coverage in the master development plan if the applicant provides landscape buffers and interior plantings substantially exceeding the minimums set forth in article 19 of this ordinance.

(Ord. No. 02-O-115, 9-17-02)

A.

Street trees spaced twenty-five (25) feet on center shall be planted along all public and private streets to create a continuous public edge. Street trees should be planted outside the right-of-way unless the street section has been widened to accommodate the trees, as determined by the department of public works.

B.

Median trees shall be planted thirty (30) feet on center in all medians within public and private streets. Safe lines of sight for motorists should always be considered when selecting the type, size and location of trees within the median.

C.

Except for entrances, driveways and utility lines to the site, existing trees located between the street and established front yard (building line) should be protected and preserved to the greatest extent possible.

D.

At a minimum, all developments should meet the city's landscape ordinance (article 19 of this ordinance).

E.

Property lines that abut sensitive areas such as park land, open space and residential uses may require additional landscaping and screening structures, such as walls and berms, to provide a continuous and effective buffer between such uses. Such enhanced buffering shall be specified in the master development plan.

(Ord. No. 02-O-115, 9-17-02)

A.

Stormwater retention and detention systems should be designed as a roadway buffer, open space or landscape amenity.

B.

The design of the system should blend with the natural site features and become a design element of the overall development.

C.

Riparian buffers should be incorporated around all natural and manmade stormwater systems.

(Ord. No. 02-O-115, 9-17-02)

A.

Buildings should be generally oriented towards the front of the lot within a well-landscaped green area. Parking and loading areas should be located to the rear of the site to the greatest extent possible.

B.

Where permitted and provided, loading docks, truck parking, outside storage, cargo containers, trash collection, utility meters, HVAC equipment and other service functions should be incorporated into the overall design and landscaping so that the visual and acoustical impacts of these functions are screened from adjacent properties and public streets. Screening materials shall not be different from or inferior to the principal materials of the building and landscape.

C.

Utility lines shall be installed underground in accordance with the standards set forth in the Chesapeake subdivision ordinance.

(Ord. No. 02-O-115, 9-17-02)

A.

Elements of building massing should relate to the size and shape of buildings located on adjacent properties.

B.

The side or rear of a building located adjacent to and visible from a public street should be designed so as to possess as much detail as the primary facade oriented toward another public street. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, and other architectural amenities.

C.

A variety of materials, colors and exterior treatments are encouraged. Materials used on structures should be long-lasting, attractive and high quality. Building materials should be primarily brick, stone, stone-faced block or wood. The planning director may approve alternative materials to the above listed preferred materials for warehousing and manufacturing buildings.

D.

Facade color should be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors are discouraged. Brighter, trademark colors should only be an accent.

E.

Rooftop mechanical units, flues, and vents should be organized and screened. The roofscape should be an integral part of the design with respect to form, material and colors.

F.

On-site lighting should be designed as an integral part of the building's architecture to be as unobtrusive as possible. Floodlighting on the rear of buildings should be designed and placed so that it does not direct or reflect any illumination on adjacent properties.

(Ord. No. 02-O-115, 9-17-02)

A.

Principal vehicular access for the general public shall be only from arterial and collector distributor roads. Access points shall be designed to minimize traffic hazard and congestion. Vehicular access through minor streets through residential neighborhoods shall be avoided. Pedestrian access may be provided at any suitable location within the district but shall as a general rule be separated from vehicular access points in order to reduce congestion, points of conflict, and hazards.

B.

The design for internal circulation shall be appropriately related to access points and location of major traffic generators and shall provide for safe and efficient movement of vehicles and pedestrians with special attention to reduction of crossing conflicts, limiting numbers of internal and external access points, and improvement of visibility.

(Ord. No. 02-O-115, 9-17-02)

A.

Parking areas that are visible from the public street should be screened from view with additional landscaping, including the use of a one (1) to two (2) foot high curvilinear berm planted with evergreen materials or other enhanced landscaping approved by the director of development and permits, or designee.

B.

Landscaping for the parking areas should be strategically located to provide visual relief, shading of the lot, green areas and screening while ensuring that the lines-of-site are maintained, both at the time of planting and at plant maturity.

C.

Internal pedestrian ways should be distinguished from driving surfaces through the use of durable, low maintenance surface materials such as pavers, brick, or scored concrete or alternative paving materials, pavement colorized (not painted) in contrasting or complimentary hues to enhance pedestrian safety and comfort.

D.

Adequate parking should be determined on the basis of daily peak hour demand. Excessive parking should be minimized.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 10-O-127, 10-19-10)

A.

Street and site lighting should be decorative and blend with the architectural style of the development. Lighting should be consistent throughout the PUD and provide adequate lighting, while minimizing adverse impacts, such as glare and overhead sky glow. Provisions should be made during preliminary plan approval with the director of development and permits, or designee, for the maintenance of decorative streetlights that are more expensive to maintain than city standard streetlights.

B.

Full cut-off lighting or equivalent/improved technology, as approved by the director of development and permits, or designee, shall be provided on all exterior lighting fixtures.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 09-O-051, 5-19-09)

A.

Signs should be designed using materials compatible with the architecture of the principal building.

B.

Freestanding signs should be incorporated into the landscaping plan for the development.

C.

No billboards shall be permitted.

D.

Any development criteria containing content-based sign regulations must further a compelling governmental interest and be narrowly tailored toward achieving that interest.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 18-O-028, 3-20-18)

The PUD-U district is established to promote well-planned and designed mixed-use pedestrian-oriented communities within the urban overlay district. The purposes of the PUD-U are to:

1.

Allow for great variety and flexibility in land planning and development that is massed and scaled to reflect a more urban, pedestrian-oriented pattern of development where residents can shop, recreate and work within walking distance of their homes;

2.

Revitalize older areas of the city;

3.

Increase opportunities for infill development with mixed-use projects;

4.

Encourage the development of affordable housing, both rental and ownership;

5.

Encourage development that is less auto dependent;

6.

Encourage more compact and efficient developments.

(Ord. No. 06-O-051, 5-16-06)

The PUD-U district may be located on property with a minimum of fifteen (15) acres in size within the urban overlay district only, subject to the procedures established in sections 11-400 et seq. No portion of a PUD-U shall be located in or approved for the suburban and rural overlay districts.

(Ord. No. 06-O-051, 5-16-06; Ord. No. 07-O-168, 10-16-07)

A.

The maximum number of dwelling units in a PUD shall not exceed the thirty (30) dwelling units per acre. Calculations for determining density in an Urban PUD shall be based section 5-900. A conditional use permit may be approved by City Council to increase the maximum number of dwelling units per acre to forty-five (45) for a PUD-U located in the Poindexter Street strategic development plan when city council finds that such density is necessary to promote the revitalization of the Poindexter Street Corridor, the PUD-U incorporates the design guidelines of the Poindexter Street strategic development plan and the proposed increase in density is not incompatible with adjacent land uses.

B.

The maximum floor area ratio shall be 2.5.

(Ord. No. 06-O-051, 5-16-06)

A.

The approved master development plan or approved development criteria shall identify permitted principal and accessory uses. A variety of permitted uses are encouraged to provide a diversity of compatible uses.

B.

If the approved master development plan or the approved development criteria does not specifically identify the permitted uses of a parcel in a PUD-U district, the following shall be the only permitted uses as determined by the planning director or designee:

1.

Dwellings. Single-family detached, single-family attached, or multifamily.

2.

Public and semipublic uses not otherwise conditional or prohibited such as churches, schools, offices, libraries, fire stations, pump stations, parks, playgrounds, golf courses, swimming pools, tennis courts, recreational marinas, community centers, transit stops and similar types of uses.

3.

Commercial uses, including but not limited to restaurants, stores, bed and breakfast and hotels, and similar types of uses as determined by the planning director. Typical suburban uses such as "big boxes" and automobile-oriented land uses are not suitable.

4.

Professional offices.

5.

Personal services, clothing services, and food sales and services, and similar types of uses.

6.

Accessory uses and structures as defined and regulated under article 14 of this ordinance.

(Ord. No. 06-O-051, 5-16-06)

The following use shall require a conditional use permit in a PUD-U district. No master development plan or approved development criteria shall supersede these requirements:

1.

Probation, parole and similar correctional or penal services. No conditional use permit shall be approved 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.

2.

A conditional use permit may be approved by city council to increase the maximum number of dwelling units per acre to forty-five (45) for a PUD-U in accordance with § 11-1303.

3.

Solid waste management facilities as defined and regulated in chapter 62 of the city code.

4.

Other than the uses described in subsections 1.—3., the approved master development plan or approved development criteria may specifically identify that certain uses require a conditional use permit.

5.

If the approved master development plan or approved development criteria does not specifically identify that a use requires a conditional use permit, the planning director or designee shall determine if the use requires a conditional use permit based on the requirements of similar uses set out in the zoning ordinance.

(Ord. No. 06-O-051, 5-16-06)

A.

At least ten (10) percent of the developable area of the site shall be designated as open space. Non-developable areas include wetlands, as defined in the Code of Virginia, 1950, as amended; properties submerged under nontidal waters, up to the normal watermark; and properties subject to easements for the construction of open ditches and aboveground facilities. Such open space may include green areas, parks, landscaped areas open to the sky, lakes, roof gardens, walkways, trails, outdoor gardens, plazas, playground and recreational facilities, sports facilities, surface easements for drainage and other utilities over areas not within the lines of a parcel intended for development, and properties which are designated by a developer as buffer areas for purposes of protecting wetlands and other environmentally sensitive areas and which otherwise would be suitable under this zoning ordinance for development.

B.

Fifty (50) percent of the required open space must be configured for usable recreation. Usable recreation shall include parks, plazas, landscaped areas open to the sky, playgrounds, roof top gardens, and pedestrian ways other than street sidewalks. Town squares and plazas that provide open areas where people can gather in a large group should be centrally located with dwelling units and businesses facing the open spaces. Smaller open spaces, such as pocket parks should be located throughout the development.

C.

A minimum of twenty (20) percent tree canopy coverage shall be provided for PUD-U development. Street trees and landscaping planted within the right-of-way may be counted towards meeting the minimum canopy coverage requirement. Street trees may be placed in planters or metal grates located within the sidewalk.

D.

Landscaping should be provided in spaces between buildings or on undeveloped parcels.

(Ord. No. 06-O-051, 5-16-06)

An application for an urban planned unit development shall contain comprehensive design guidelines which address, at a minimum, the following:

1.

Building design. The shape and form of the architectural elements of buildings, including but not limited to roof configurations, spacing between buildings, setbacks from the street right-of-way, proportion of fenestration and entryways, building form, exterior building materials, building scale, building height, and architectural styles.

2.

Facade treatment. The facade treatment is the architectural design of the exterior walls of a building exposes to public view or wall viewed by persons not within the building. Illustrated standards are needed to ensure a design that is pedestrian-scaled, sensitive to the site's features, immediate surroundings, and place-making.

3.

Pedestrian orientation and street connectivity. All buildings and streets are designed to encourage pedestrian friendly environments by limiting block lengths, requiring internal and external street connectivity, providing for narrower streets that slow down traffic, wider sidewalks (up to ten (10) feet) and pedestrian-scaled front yards.

4.

Streetscapes. Streets are public places and as such include the elements of street trees, street furniture, street graphics, fountains, decorative street lighting and other gathering places. Trees and planters are placed on a regular basis along the edge of the street. Both the buildings and the street create the public space.

5.

Ground-floor uses and street level facade. The street level of the buildings should be the primary orientation and access for pedestrians and provide continuity of visual interest. For buildings that contain residential and non-residential uses, the first floor is usually reserved for retail, restaurants services and businesses while offices and residential land uses tend to be located on the second floors and above. The ground floor level of primary street corners should be totally non-residential with one (1) or two (2) major tenants. All retail business entrances shall be on the first floor (ground floor) to encourage pedestrian activity. Facades facing primary streets should not present blank surfaces or non-pedestrian uses such as exposed parking decks. At least fifty (50) percent of the street level facade should be glazed areas (i.e., windows and doors). A building that is used for residential units could have ground floor units but the design should complement the entrances of near-by businesses.

6.

Awnings and canopies. Awnings and canopies provide cover for the pedestrian and are encouraged. Awnings and canopies may or may not contain signage that is meant to be seen from a pedestrian scale. Awnings and canopies should be of a design, construction and color that it provides the visual integration and harmony with other buildings and sites in the district. Overly bright colors should be avoided. Metal awnings and canopies are prohibited.

7.

Historic buildings. Historic buildings should be preserved and their design used to inspire place-making.

(Ord. No. 06-O-051, 5-16-06)

All proposed PUD-U applications shall contain a detail of sign regulations permitted within the development. This should include details in regard to wall signs, projecting signs, awning and canopy signs, suspended signs and freestanding signs. Sign area and dimensions should be scaled to the pedestrian.

(Ord. No. 06-O-051, 5-16-06)

A.

The off-street parking requirements established in § 19-400 may be reduced by city council with the approval of a parking management plan that is adopted as part of the master development plan. Such parking plan shall include:

1.

A parking schedule detailing the total square footage of gross floor area, the minimum number of parking spaces required for uses in the development and the proposed number of off-street parking spaces and proposed number of on-street parking spaces for each use.

2.

The location of all proposed on-street parking areas, shared parking areas, remote parking areas, parking structures, pedestrian crossings, cross-access easements and rights-of-way.

3.

Public transit routes to serve the development, if any.

B.

At least one (1) on-site parking space or garage space per dwelling unit shall be provided.

C.

Both on-street parking and rear access parking shall be used wherever possible.

(Ord. No. 06-O-051, 5-16-06)

Loading and trash collection facilities should be located to the rear of the building and joint use of such facilities are encouraged. Loading should not typically occur along the street. All trash collection facilities shall be fully screened. Screening materials should not be different from or inferior to the predominant building material used for buildings and landscape in the immediate area.

(Ord. No. 06-O-051, 5-16-06)

Noise attenuation shall be provided so that commercial and assembly uses are compatible with neighboring units and properties. Units and spaces in which commercial and assembly uses operate shall comply with the Virginia Statewide Building Code and all amendments.

(Ord. No. 06-O-051, 5-16-06)

The planning director shall have the authority in providing interpretation of all approved master development plans. In providing his interpretation, consultation with the zoning administrator and city attorney's office may be sought.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

A property owner may appeal the planning director's interpretation of the master development plan to the planning commission. Procedures for appeal shall be the same as procedures set forth in chapter 70 of the Chesapeake city Code and article 18 of this ordinance for site and subdivision plan review.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

In addition to its jurisdiction to approve minor modifications to the master development plan and to waive or modify applicable specifications for certain public improvements, as set out above, the planning commission shall have the authority to grant applications for a deviation from the literal terms of the approved master development plan for properties located within the development. Requests for deviations normally shall be included within or treated as a subdivision or site plan proposal.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

In reviewing deviations from the approved master development plan, the planning commission shall consider the following:

1.

That granting the deviation will not be contrary to public interests and when, owing to special conditions, a literal enforcement of the provisions of the master development plan would result in unnecessary hardship.

2.

That the spirit and intent of the approved master development plan will not be destroyed.

3.

That the property was acquired by the applicant in good faith.

4.

That due to the particular physical surroundings, shape, topographical condition or other extraordinary condition or situation of the specific property involved, the strict application of the master development plan would effectively prohibit or unreasonably restrict utilization of the property.

5.

That authorization of such variance will not be of substantial detriment to adjacent properties and that the character of the surrounding area will not be changed.

6.

That the purpose of the deviation is not based exclusively upon a desire to enhance the value of the property, or increase the return of income therefrom.

7.

That the proposed variation will not impair an adequate supply of light and air to adjacent property, or cause or substantially increase congestion in the public streets, or increase the danger of fire or the spread of fire, endanger the public safety, or result in the over-development of the site where the amount of open space is substantially decreased.

(Ord. No. 06-O-051, 5-16-06)

In authorizing a deviation, the planning commission may prescribe appropriate conditions and safeguards as are deemed necessary in the public interest and the intent of the PUD regulations. Violation of such conditions shall be deemed violation of this ordinance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

The applicant for a deviation shall bear the burden of producing evidence establishing that the requested deviation satisfies the standards set forth herein.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)

Administration and enforcement of the master development plan, including all conditions, exhibits, land use plans, land use designations and development criteria, shall be the same as for the zoning ordinance as set forth in article 20 of this ordinance unless otherwise noted. This provision shall apply to existing and newly approved PUDs regardless of whether the approved PUD documents fail to set out enforcement procedures or contain enforcement measures less stringent than article 20 of this ordinance.

(Ord. No. 02-O-115, 9-17-02; Ord. No. 06-O-051, 5-16-06)