The special overlay districts are intended to provide alternative or additional development standards for one or more existing zones within the city for the comprehensive planning of areas with special features or unique land resources that need to be addressed in more detail than the existing zoning categories allow. The regulations established herein are designed to supplement or "overlay" the requirements and provisions established for the zoning district in which located. All requirements of the underlying zoning district shall remain applicable unless specifically modified by the provision established herein.

The planning director shall prepare proposed ordinances for the establishment of overlay districts. Each proposed ordinance shall be accompanied by a written report including but not limited to:

1.

A description of the study area, an analysis of existing land uses and structures, an analysis of unique characteristics or features of the area, potentials for development, a discussion of applicable policies and land use designations established in the adopted Comprehensive Plan, and other pertinent matters.

2.

Analysis of adjacent lands not included in the study area but which will be impacted by the overlay district and recommendations made as possible actions which should be taken or encouraged.

3.

Specific findings regarding the need for the proposed overlay district in order to implement the adopted Comprehensive Plan and associated policies.

4.

Recommendations concerning detailed regulations to be applied within the district and within any transitional areas, including permitted and conditional principal and accessory uses and structures; minimum lot, yard and building specifications; maximum building coverage by all buildings; maximum height of structures; off-street parking and loading requirements; control of signs; exterior character of buildings if applicable; landscaping and general appearance of premises; and other controls necessary to meet the intent of the proposed overlay district.

5.

Such report may also include known plans for public and private action in or adjoining the district.

6.

Proposed ordinances and associated reports shall be made available for public comment prior to planning commission review and action.

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

The planning commission shall review such proposed ordinances and the accompanying reports. The commission shall transmit such ordinances and reports together with its recommendations through the planning director to the city council for its consideration and action. The commission shall recommend approval in whole or in part, with or without modifications, or shall recommend denial thereof.

The city council shall create each overlay district by ordinance, if it finds that the district is in fact significant and meets the intent of the zoning ordinance and the adopted Comprehensive Plan.

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

A description and development standards for the urban, suburban, and rural overlay districts is set forth in article 5 of this zoning ordinance.

(Ord. No. 05-O-014, 3-8-05)

Editor's note— Ord. No. 05-O-014, adopted March 8, 2005, change the title of § 12-300 from "Urban, suburban, countryside and rural overlay districts" to "Urban, suburban, and rural overlay districts."

There is hereby created the "Fentress Airfield Overlay District" of the city of Chesapeake. All properties, lots, subdivisions and developments located partially or wholly within this district shall be subject to the provisions set out below. This enactment is based on the authority granted by sections 15.2-2280, 15.2-2283, 15.2-2286 and 15.2-2295 of the Virginia Code.

(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-149, 11-22-05)

Fentress Airfield is an auxiliary landing strip, located in the southern portion of the city, which is utilized by the U.S. Navy as part of its NAS Oceana operation. The airfield is used primarily for simulated aircraft carrier landings and has been used in that capacity since World War II. In response to residential growth in southern Chesapeake in the area near the airfield, the Department of Defense established the Air Installation Compatible Use Zone (AICUZ) program in 1973, which analyzed the impact of the noise from aircraft operations at the field on existing and potential development in the area.

The current AICUZ program delineates the following three noise contours around the airfield: 1) noise levels between 65 and 70 DNL, 2) noise levels between 70 and 75 DNL, and 3) noise levels greater than 75 DNL. The AICUZ program also delineates a clear zone and two accident potential zones (APZs): APZ-I, described as an area beyond the airport clear zone and APZ-II, described as an area beyond APZ-I, both of which have measurable potential for aircraft accidents. Due to concerns over possible conflict between Fentress operations and continued residential growth, the U.S. Navy purchased development rights on over eight thousand (8,000) acres of land within the Fentress area to prevent residential development. The U.S. Navy also published recommendations for various nonresidential uses which would be more compatible with the airfield operations. The Navy amended its AICUZ program in 1998 to reflect the proposed expansion of airfield operations, said amendments being depicted on that certain document entitled the 1999 "Composite AICUZ - NALF Fentress".

The city of Chesapeake first adopted the Fentress Airfield Overlay District on October 16, 1990, as a means of protecting against incompatible land uses and encouraging certain agricultural, light industrial and commercial uses that would be more compatible with aircraft noise levels experienced in the overlay district. This ordinance has been amended from time to time since 1990 to expand the overlay and increase the protections offered land uses through sound attenuation measures and disclosure requirements.

In August 2005, the Base Realignment and Closure (BRAC) Commission recommended the realignment of NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field in Jacksonville, Florida if, among other things, the Cities of Virginia Beach and Chesapeake fail to enact and enforce legislation to prevent further encroachment of NAS Oceana and Fentress Airfield by the end of March 2006. Such legislation includes adopting zoning ordinances that require the city council to follow AICUZ guidelines in deciding discretionary development applications for property in noise contours 70 dB Day Night Average Noise Level (DNL) or greater. The cities must also adopt the recommendations in the 2005 regional Joint Land Use Study (JLUS). The JLUS was accepted by resolution of the City Council on May 24, 2005, at which time, Chesapeake had already implemented most of the recommendations contained in the report. However, expansion of the noise attenuation standards and adoption of an avigation easement program remained to be accomplished.

Based on this history, city council finds that residential development within noise contours 65 DNL or greater are not compatible with the existing Fentress operation. Most properties within this area are best suited for agricultural operations and city council intends to continue agricultural operations as the predominant use in this area. Accordingly, some limited commercial and industrial development which does not place significant demands on existing infrastructure and which can be constructed, landscaped and operated in a manner which does not detract from the rural character of the area would, in certain limited circumstances, be compatible with the community located within the noise contours. In addition, city council finds that sound attenuation measures should be expanded and notice requirements implemented to alert the public that property, buildings and structures are situated partially or wholly within the noise contours.

(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-149, 11-22-05)

This ordinance is enacted to regulate development within the Fentress Airfield Overlay District, subject to case by case review by the planning commission and city council through rezonings and the conditional use permit process, to facilitate compatibility of uses with the Fentress Airfield operations and the surrounding rural area and to ensure that such development does not improperly burden existing city infrastructure and services. This ordinance is also enacted to require additional sound attenuation measures and development standards for noise contours 65 DNL or greater and notice requirements for residential and nonresidential development in all the contours.

(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-149, 11-22-05)

A.

The Fentress Airfield overlay district shall include all lots, properties, subdivisions and developments located partially or wholly within the AICUZ noise contours 65—70 DNL, 70—75 DNL and greater than 75 DNL on that certain map entitled the 2010 "Composite AICUZ - NALF Fentress," including all future amendments.

B.

All lots, properties, subdivisions and developments located partially or wholly within the Fentress Airfield Overlay District shall be subject to the provisions of this section 12-400 et seq.

C.

Within thirty (30) days of any amendment to the 2010 "Composite AICUZ-NALF Fentress," the planning director, or designee, shall provide written notice to the last known address of all affected property owners, advising them of the amendment and whether the property has been included in or deleted from the Fentress Airfield Overlay District. Amendments other than changes to the boundaries of the AICUZ noise contour maps shall be subject to the applicable notice provisions for zoning text amendments set out in section 15.2-2204 of the Code of Virginia.

(Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-149, 11-22-05; Ord. No. 13-O-031, 3-19-13)

Editor's note— Ord. No. 04-O-057, adopted April 20, 2004, amended § 12-404 in its entirety to read as herein set out. Formerly, § 12-404 pertained to area of applicability and derived from Ord. No. 98-O-158, adopted October 20, 1998.

A.

The inclusion of property within the Fentress Airfield overlay district shall not limit or prohibit any development of such property which is allowed under the zoning classification of that property subject to the conditions set forth herein.

B.

In addition to the permitted and conditional uses allowed for any lot located partially or wholly within the Fentress Airfield overlay district under that property's zoning classification, any of the following uses may be authorized, provided that a conditional use permit is granted in accordance with the standards set out below and in article 17 of the zoning ordinance.

C.

In determining whether to grant a conditional use permit application, city council shall consider the compatibility tables (Tables 1 and 2) set out in section 12-406 below. No conditional use permit application shall be granted unless, and in addition to meeting the criteria for granting conditional use permits set out in article 17 of this zoning ordinance, the property and proposed buildings and structures meet the following minimum standards (the Chesapeake Health Department may require larger lots, widths and setbacks necessary for adequate sewage disposal):

1.

Minimum lot size for properties in noise contours 65-70 DNL and 70-75 DNL shall be one acre or the minimum lot size prescribed by the underlying zoning district, whichever is greater. The minimum lot size for properties in noise contour 75 DNL or greater shall be prescribed by the underlying zoning district.

2.

Minimum building setback from a public street shall be one hundred fifty (150) feet. This setback distance may be reduced, up to a minimum setback of fifty (50) feet, if landscaping approved by city council is provided which screens the building from public view from the street.

3.

If parking is proposed between the building and any street bordering the property, there shall be a buffer and landscaping arranged so that the parking lot is effectively screened from public view from the street.

4.

Side and rear yards shall be a minimum of thirty (30) feet.

5.

A four-foot high landscaped berm with a 3:1 slope and a two-foot wide top shall be installed between any proposed use and any existing residential unit located within five hundred (500) feet of any building on the lot on which the use is located. Such berm at a minimum shall be equal in length to the side of the building facing the residential unit. This berm requirement may be waived if existing or proposed trees or other vegetation are determined to provide comparable screening.

6.

All lighting shall be directed downward toward the interior of the development. No lighting shall be used that interferes with airfield operations. The extent of light interference, if any, will be determined by the U.S. Navy.

7.

Height regulations. No building or structure shall exceed the U.S. Navy's recommended height restrictions under its AICUZ program. This provision shall not be construed to permit any building or structure to exceed the maximum height permitted by the zoning ordinance.

8.

For non-residential conditional uses in noise contours 65 DNL or greater, noise level reduction shall be required as follows:

a.

Buildings and structures supporting uses identified as A (Assembly), B (Business), E (Educational), I (Institutional), and M (Mercantile) as identified in the Virginia Uniform Statewide Building Code (USBC) shall conform with the applicable sound attenuation measures set out in the USBC.

b.

All other occupied buildings and structures located in noise contours 65 DNL or greater must achieve an outdoor to indoor noise level reduction of thirty-five (35) dB.

D.

The applicant for a conditional use permit in the Fentress Airfield Overlay District is encouraged to provide an avigation easement to the U.S. Government, which shall include a covenant not to bring a claim or suit based upon military aircraft noise. The avigation easement shall be in a form recommended by the director of planning.

E.

In addition to the standards set out above, any conditional use approved for property located within the Fentress Airfield overlay district shall comply with the requirements of the zoning classification in which such use is permitted under the zoning ordinance.

F.

The planning commission may recommend and the city council may impose such additional conditions and requirements for approval of a use permit application as may be deemed necessary and appropriate to ensure the compatibility of the proposes use with the surrounding neighborhood, as provided for in article 17 of this zoning ordinance.

G.

A site plan and landscape plan shall be submitted to the planning commission for approval for any conditional use approved for property located within the Fentress Airfield overlay district. All final sale plans shall contain disclosure provisions as required by section 12-408 below.

H.

The following certifications must be acquired to obtain a building permit and a certificate of occupancy for any nonresidential occupied building or structure requiring a conditional use permit under this section:

1.

In order to obtain a building permit, an acoustical engineer must certify on the building plan that the building plan complies with the noise reduction schedule required by subsection 12-405.C.

2.

In order to obtain a certificate of occupancy, an acoustical engineer must certify that the buildings and structures comply with the noise reduction schedule required by subsection 12-405.C.

(Ord. No. 98-O-158, 10-20-98; Ord. No. 05-O-147, 11-22-05; Ord. No. 05-O-149, 11-22-05; Ord. No. TA-Z-07-10, 8-21-07; Ord. No. 13-O-031, 3-19-13)

Editor's note— Ord. No. 05-O-149, adopted November 22, 2005, redesignated the former § 12-406 as subsections 12-405 C.—H.

A.

This section shall apply to discretionary development applications for any property located within an accident potential zone (APZ) or within noise contours 65-70 DNL, 70-75 DNL or 75 DNL or greater that have not been approved or denied by the city council as of the date of adoption of this amendment to section 12-406. For purposes of this section, discretionary development applications shall include applications for:

1.

Rezonings, including conditional zonings and planned unit development zonings; and

2.

Conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional uses where the occupancy load would increase.

B.

Except as provided in this section, it shall be the policy of the city council that no discretionary land use application shall be approved unless the uses and structures are designated as "compatible" under Table 1 below and, if applicable, Table 2. If the city council makes a finding that the proposed use is incompatible and no reasonable use of the property is designated compatible, city council may approve the proposed use of property at the least density or intensity of development that is reasonable.

C.

The following tables show the uses designated as Compatible (Y) and those designated as Not Compatible (N) in each listed noise zone which correspond with the noise contours adopted herein (Table 1) or Accident Potential Zone (Table 2). The designation of any use as "compatible" shall not be construed to allow such use in any zoning district in which it is not permitted as either a principal or conditional use. All other criteria for rezonings and conditional use permits shall continue to comply.

TABLE 1—AIR INSTALLATION COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN NOISE ZONES

TABLE 2—AIR INSTALLATIONS COMPATIBLE USE ZONES LAND USE COMPATIBILITY IN ACCIDENT POTENTIAL ZONES

(Ord. No. 05-O-149, 11-22-05; Ord. No. 13-O-031, 3-19-13)

Editor's note— Ord. No. 05-O-149, adopted November 22, 2005, amended § 12-406 in its entirety to read as herein set out. Formerly, § 12-406 pertained to minimum development standards and derived from Ord. No. 98-O-158, adopted October 20, 1998, and Ord. No. 04-O-057, adopted April 20, 2004.

In accordance with section 15.2-2295 of the Code of Virginia, 1950, as amended, all approved final site plans, recorded surveys and subdivision plats depicting properties, lots, subdivisions and developments located partially or wholly within the Fentress Airfield overlay district shall contain a statement as follows: "This development is located partially or wholly within an aircraft noise and/or accident zone and may be subject to above average noise levels or to aircraft accidents."

(Ord. No. 04-O-057, 4-20-04)

Editor's note— Ord. No. 04-O-057, adopted April 20, 2004, amended § 12-407 to read as herein set out. Formerly, § 12-407 pertained to disclosure provisions on nonresidential final site plans and derived from Ord. No. 98-O-158, adopted October 20, 1998.

A.

Pursuant to the authority granted in section 15.2-2295 of the Code of Virginia, 1950, as amended, all residential dwellings located in or on lots, subdivisions or developments located partially or wholly within the Fentress Airfield overlay district (65 DNL or greater) shall be constructed in conformance with sound transmission control regulations and airport noise attenuation standards set out in the Virginia Uniform Statewide Building Code, as amended. Such building code regulations shall also apply to additions and structural alterations to residential dwellings; except that additions and structural alterations to residential dwellings existing on the effective date of this ordinance (October 20, 1998) shall be exempt from conformance with the Virginia Uniform Statewide Buildings Code. A residential dwelling shall be considered existing on the effective date of this ordinance if a certificate of occupancy has been issued for the dwelling or the dwelling is occupied for residential purposes.

B.

Buildings and structures supporting nonresidential uses identified in the Virginia Uniform Statewide Building Code (USBC) as Uses A (Assembly), B (Business), E (Educational), I (Institutional) and M (Mercantile), and located wholly or partially within noise contours 65-70 DNL, 70-75 DNL or 75 or greater DNL, shall conform with the applicable sound attenuation measures in the USBC.

C.

Any owner of property located wholly or partially in a noise contour of 65 DNL or greater is encouraged to provide the U.S. Government with an avigation easement prior to development of the property. Such avigation easement shall include a covenant not to bring a claim or suit based upon military aircraft noise. The avigation easement shall be in a form recommended by the director of planning.

D.

In accordance with section 15.2-2295 of the Code of Virginia, 1950, as amended, all approved final site plans, recorded surveys and subdivision plats for residential developments and subdivisions located partially or wholly within the Fentress Airfield overlay district shall contain a statement as follows: "This development or subdivision is located partially or wholly within an aircraft noise and/or accident zone and may be subject to above average noise levels or to aircraft accidents."

E.

All lighting shall be directed downward toward the interior of the development. No lighting shall be used that interferes with airfield operations. The extent of light interference, if any, will be determined by the U.S. Navy.

(Ord. No. 98-O-158, 10-20-98; Ord. No. 04-O-057, 4-20-04; Ord. No. 05-O-149, 11-22-05; Ord. No. 13-O-031, 3-19-13; Ord. No. 24-O-103, 9-17-24)

Editor's note— Ord. No. 13-O-031, adopted March 19, 2013, changed the title of section 12-408 from "Special building and disclosure requirements for residential development" to "Special building, lighting and disclosure requirements for development in the Fentress Airfield Overlay." The historical notation has been preserved for reference purposes.

A.

Overlay District repealed; performance criteria apply. The Chesapeake Bay preservation area overlay district is hereby repealed with the simultaneous adoption and establishment of the Chesapeake Bay Preservation Area (CBPA) district in article IX of chapter 26 of the City Code. All development, use and improvement of land permitted under this zoning ordinance in the CBPA district shall conform with the performance criteria and standards set out in article IX of chapter 26 of the City Code and the CBPA specifications manual.

B.

Conflict of ordinances. In the event of conflict between the CBPA district ordinance, including the CBPA specifications manual, and this zoning ordinance, the more stringent requirement offering greater protection of water quality shall apply.

C.

Definitions. Notwithstanding anything to the contrary in this ordinance, any reference to the Chesapeake Bay preservation area overlay district shall be interpreted as referring to the CBPA district established under article IX of chapter 26 of the City Code.

(Ord. No. 03-O-157, 12-9-03; Ord. No. 17-O-081, 11-21-17)

There is hereby created the "South Norfolk business overlay district" of the city of Chesapeake. All properties located within this district shall be subject to the provisions set out below.

The business district of the South Norfolk area of the city of Chesapeake is a unique and distinctive area which developed over the course of several decades, beginning in the late nineteenth century, extending through the establishment of South Norfolk as an incorporated city in 1919, and maintaining its commercial vitality through the 1950's. The focus of this commercial area was on serving the residential neighborhoods and local industries within South Norfolk, and, given this local focus during the period of its greatest growth and activity, this commercial area developed a distinctive character and appearance as an open-air, pedestrian-oriented place with a large number of businesses within easy walking distance of one another. Its rows of buildings, lack of setbacks, integrated land uses, architecture, density, on-street parking and limited number of large surface parking areas combine to create a "downtown" urban environment unique in the city of Chesapeake.

As the subsequent development of regional malls and the change in the nature and location of industrial activity in the area reduced the numbers of customers and the demands for services in the South Norfolk business district, the appearance and vitality of the area declined. The residential community which the business district served also experienced a period of decline. However, through the joint efforts of the city and the Chesapeake redevelopment and housing authority, a program of residential revitalization and historic preservation was initiated in order to maintain the unique and historically significant physical and architectural features of the community while at the same time making the area's homes and neighborhoods attractive to a wide variety of citizens. Several homes in the area were designated as historic landmarks, and the historically significant architecture and appearance of the community in general were recognized and preserved.

The continued revitalization of the South Norfolk area depends upon revitalizing the community's historic relationship with the business community which anchors it and both preserving and restoring those characteristics of the business district which make it attractive and viable.

The purpose and intent of creating the South Norfolk business overlay district are to establish special zoning standards for the area which accomplish the following: (1) enhance and promote those physical and architectural aspects of the area which make it an attractive and creative district in a manner consistent with the historic character of the community it serves; (2) limit uses in the area to those that are consistent with promoting commercial revitalization; and (3) provide development flexibility that allows and encourages the improvement and upgrading of the area.

(Ord. No. 19-O-160, 12-17-19)

The South Norfolk business overlay district encompasses all those properties located within the area identified in the map entitled "South Norfolk Business Overlay District Map," which is hereby incorporated into and made a part of this ordinance. Such area is generally described as follows: those properties located along the south side of Liberty Street between 16th Street and the Norfolk Southern railroad tracks; those located on both sides of Poindexter Street from the intersection of Poindexter and Liberty Streets to the intersection of Poindexter and Bainbridge Boulevard; and those located on both sides of Bainbridge Boulevard from the intersection of Bainbridge Boulevard with Poindexter Street to the southwest corner of Lakeside Park.

(Ord. No. 19-O-160, 12-17-19; Ord. No. 24-O-006, 1-16-24)

A.

Application of general zoning standards. The development standards of the Chesapeake zoning ordinance shall apply to all properties located within this overlay district; provided that the overlay district standards set out below shall supersede any other zoning ordinance standard where they conflict.

B.

Principal building setback (required yard).

1.

For residential uses, except for mixed use, setbacks shall be consistent with the overall characteristics and design of the site and neighboring properties on the block. City council may determine appropriate setbacks as conditions on the use permit.

2.

From streets (front yard). The front setback may range from zero (0) to ten (10) percent of the lot depth. A setback of zero (0) feet normally shall be encouraged on sites on which off-street parking is required or provided, in order to facilitate the design of parking in the rear of such sites. In the discretion of the planning director or designee, a front yard setback may be permitted to ten (10) percent of the lot depth. No other setback distances shall be permitted, unless a proposed building is to be constructed in a row of already constructed buildings with common walls, in which case the front yard setback line established by the existing buildings shall be observed.

3.

From lot lines bordering other than residential property (side and rear yards).

a.

Party walls (and therefore a setback of zero (0) feet) are permitted, but if a commercial building will not share a common wall with another commercial building a side yard setback of five (5) feet shall be required.

b.

Rear yards. The rear setback may range from zero (0) to ten (10) percent of the lot depth as approved by the planning director or designee.

4.

From lot lines bordering residentially zoned property (side and rear yards).

a.

Side yards. Eight (8) feet setbacks from adjoining properties. No interior side setbacks are required.

b.

Rear yards. The rear setback may range from zero (0) to ten (10) percent of the lot depth as approved by the planning director or designee.

C.

Parking.

1.

The following uses shall provide off-street parking complying with the requirements of the zoning ordinance:

a.

Grocery stores.

b.

Meeting halls.

c.

Churches and other houses of worship.

d.

Hotels and motels.

e.

Motion picture theaters, including drive-in theaters.

f.

Bowling centers.

g.

Meeting places for civic, social and fraternal organizations occupying more than one thousand (1,000) square feet of building space.

h.

Eating and drinking places with more than one thousand (1,000) square feet devoted to on-site eating, either inside or outside the facility.

i.

Residential uses, specifically detached dwellings, two-family dwellings, attached row dwellings, and multifamily residential except within mixed-use buildings.

2.

Off-street parking requirements for multifamily residential apartments and condominiums as part of a mixed use development:

a.

Studio and one-bedroom units: One (1) space per unit.

b.

Two (2) or more bedroom units: One and one-half (1.5) spaces per unit.

3.

For all other uses, no off-street parking shall be required if: (i) the use is located on Poindexter Street between the intersections of Bainbridge Boulevard and Liberty Street; or (ii) a city-owned parking lot is located within five hundred (500) feet, measured along the path of pedestrian access, of the lot on which the use is located.

4.

Off-lot/alternative parking. Required off-street parking may be provided on a lot other than the lot upon which the use is located if:

a.

The distance between the use and the off-lot/alternative parking is no more than five hundred (500) feet as measured along a safe, convenient pedestrian route; and

b.

Any lot used for the off-lot/alternative parking shall be under the same ownership and control as the land on which the principal use is located or a legal right for such off-lot/alternative parking shall be documented in the city's land records in a written lease or other agreement between the owners of the properties.

5.

Further, the planning commission may grant a special exception for new uses and the expansion of existing uses that cannot meet parking requirements set forth in this ordinance upon a specific finding that either:

a.

The proposed use will not generate traffic volumes that will cause congestion or disruption along neighboring streets, or

b.

That alternative parking arrangements have been made or identified which can adequately serve the site.

If the planning commission denies the application for a special exception, the applicant may file an appeal with city council within ten (10) days of the planning commission decision. The appeal shall be filed in writing with the city clerk.

6.

For all new buildings constructed on a site within the district, parking shall be located to the rear or side of the building, with a single entrance for ingress and egress, unless the planning commission grants a special exception for an alternative site based on findings that the shape, topography or other special characteristics of the site make parking in the rear or side impracticable. If the planning commission denies the application for a special exception, the applicant may file an appeal with city council within ten (10) days of the planning commission decision. The appeal shall be filed in writing with the city clerk.

D.

Buffer areas.

1.

Buffer areas shall be provided in accordance with those standards established in section 19-600 et seq. of the zoning ordinance, unless the site meets any of the exceptions set out below.

2.

Exceptions.

a.

When the width of any setback is less than the required width of a buffer area under section 19-600 et seq. of the zoning ordinance, the width of the buffer area may be reduced, provided that the amount and types of structures and/or plants required under section 19-600 et seq. for the buffer yard must be installed to the maximum extent possible within the reduced setback area. The arrangement of structures and plants must be approved by the director of development and permits, or designee, as meeting this requirement.

b.

When the front yard setback is zero (0) feet, no front yard buffering shall be required.

E.

Off-street loading. Off-street loading shall be provided as required under the terms of this zoning ordinance; provided, however, that an on-street location for loading activities may be approved by the designated approval agent for preliminary site plans upon a showing that the site configuration precludes off-street loading. Such on-street locations shall not be within a fire lane and shall be configured to minimize disruption of street traffic in the area.

F.

Signs. Signs in the proposed overlay district shall meet the requirements of section 14-700 et seq. of the zoning ordinance, entitled "Signs;" provided, however, that regardless of any contrary provisions in section 14-700 et seq., the provisions set out below shall also apply.

1.

The total sign area for all signs on a premises shall not exceed one (1) square foot of sign area for each linear foot of public right-of-way frontage; provided that wall signs on properties located in the B-5, Urban Business District, shall be exempt from this provision if the requirements in subsection F.6. of this section are met.

2.

No sign shall extend above the roofline of the building face.

3.

No freestanding signs shall be permitted when there is no front yard setback for the principal building.

4.

Overhanging signs, extending out from the building and overhanging a sidewalk, street, alley or other passageway, shall not be permitted, unless a special permit is approved by the director of development and permits, or designee, in accordance with section 66-121.1 of the City Code.

5.

Signs located at the entrances to the Chesapeake Historic and Cultural Preservation Overlay District may be erected subject to the review and approval of the planning director, or designee, and, where located on a public right-of-way, by the director of development and Permits, or designee. Such signs shall not exceed eight (8) feet in height, with a sign face not exceeding sixteen (16) square feet. The materials, design and configuration of any such sign must be approved by the planning director, or designee, in compliance with the requirements of section 12-606 below.

6.

Wall signs on a parcel zoned entirely B-5, Urban Business District, shall be permitted on all faces of the principal structure; provided that the total wall sign area on each building elevation shall be no more than ten (10) percent of the total area of the building elevation on which it is placed. If this section is utilized to increase the permitted wall sign area, then no freestanding sign shall be permitted on the parcel to mitigate the impact of the increased signage.

G.

Height of building. The maximum height of a building or structure shall be forty (40) feet. Under section 19-205, the maximum building height may be exceeded upon approval of a conditional use permit.

H.

Building construction and rehabilitation. In order to ensure that any new construction and any major exterior renovation of a building within the district conforms with overall appearance and pedestrian-oriented nature of the district, such construction or renovation shall comply with the requirements set out below.

1.

For new construction or for a building whose rehabilitation costs are twenty-five (25) percent or more of the building's assessed value, the building wall plane facing a public thoroughfare must be broken along its length at least every ten (10) feet by either a public doorway or by a window having the following features:

(a)

Made of transparent material;

(b)

At least twelve (12) square feet in area; and

(c)

The lowest point of the window is no more than four (4) feet above the sidewalk.

If a building has more than one wall facing a city street, the applicant may request a special exception from the planning commission to exempt all but one (1) wall from this requirement. If the planning commission denies the request for a special exception, the applicant may file an appeal with city council within ten (10) days of the planning commission decision. The appeal shall be filed in writing with the city clerk.

2.

When parking for a new construction is to be located in the rear yard, at least one (1) pedestrian entrance to the building shall be located on the front of the building facing the thoroughfare.

I.

Building exteriors. In order to promote the development of an integrated and compatible appearance among the buildings located within the district, the exteriors of buildings located in the district may be altered only in accordance with the standards set out below.

1.

Only neutral colors shall be used on the exterior of buildings. Those colors considered neutral include: white, beige, cream, gray, tan, brown or other similar colors approved by the director of planning, or designee. Colors such as yellow, black, orange, green, blue, bright pink or any other similar color identified by the director of planning, or designee shall be prohibited.

2.

No permanent overhangs, including awnings and other building extensions other than signs, shall be constructed on any building located within the district; provided, however, that the planning director may approve a proposed overhang if the director determines that the proposed overhang is of such design, construction and color that it provides the visual integration and harmony with other buildings and sites intended under the standards for this district.

3.

Awnings which are already in existence on the date that this district is created or which are subsequently approved in accordance with district standards shall be kept free of any writing except for the business's name and address.

4.

The type, design and appearance of materials used on the exterior of a building shall be compatible with the overall integrated appearance intended for the district.

J.

General architectural and visual compatibility. In order to ensure that a proposed development, construction, reconstruction or renovation of a building or site meets the requirement of this overlay district of compatibility with the surrounding community, approval of each proposal shall be subject to the following criteria, in addition to the standards set out above:

1.

Whether or not the proposed structure, building or improvement is compatible with existing well-designed structures within the district and complies with the standards and goals for the district adopted by city council.

2.

Whether or not proposed freestanding buildings use the same or architecturally harmonious materials, color, texture and treatment for all exterior walls and, in the case of partially freestanding buildings, whether or not the same or architecturally harmonious materials, color, texture and treatment are used on all portions of all exterior walls exposed to public view.

3.

Whether or not the combination of architectural elements proposed for a structure, building or improvement, in terms of design, line, mass, dimension, color, material, texture, lighting, landscaping and roofline and height conform to accepted architectural principles for permanent buildings as contrasted with engineering standards designed to satisfy safety requirements only and exhibit external characteristics of demonstrated architecture and aesthetic durability.

4.

Whether or not, in terms of design, material, texture, color, lighting, landscaping, dimension, line, mass or roofline and height, the proposed structure, building or improvement is designed to serve primarily as an advertisement or commercial display, exhibits exterior characteristics likely to deteriorate rapidly, would be of temporary or short term architectural or aesthetic acceptability, would be plainly offensive to human sensibilities or would otherwise constitute a reasonably foreseeable detriment to the community.

K.

Residential standards for mixed use dwellings. Multifamily residential as permitted within mixed use buildings of a minimum two (2) stories in height and only located in the second floor and above, as referenced in condition sixteen (16) of subsection 12-607(C) of this ordinance, shall not exceed a density of thirty (30) dwelling units per acre, except that a maximum density of forty-five (45) dwelling units per acre may be approved by city council with a conditional use permit.

(Ord. No. 99-O-022, 2-16-99; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-011, 1-20-04; Ord. No. 07-O-168, 10-16-07; Ord. No. 09-O-051, 5-19-09; Ord. No. 18-O-028, 3-20-18; Ord. No. 19-O-160, 12-17-19; Ord. No. 21-O-048, 5-18-21; Ord. No. 23-O-077, 7-18-23; Ord. No. 24-O-006, 1-16-24)

A.

Improvements requiring site plan review.

1.

Where site plan review and approval is required under this zoning ordinance for a proposed site development within the district, the final site plan shall include all information required by the planning director, or designee, regarding the architecture, color and related characteristics of the buildings, structures and signs on the site, both as currently existing and as proposed, and their relationship to neighboring sites. The planning director, or designee, shall review and act upon the proposed architectural, color and related characteristics of the buildings, structures and signs on the site as part of the final site plan review process and shall use the standards and criteria set out in section 12-605(J) above.

2.

If aggrieved by the decision of the planning director in regard to the approved architecture, color and related characteristics of the building, the applicant may appeal to the planning commission and city council as provided for in section 12-606(C) below.

B.

Improvements not requiring site plan review.

1.

Any proposed construction or exterior reconstruction, alteration or restoration of a building, structure or sign within the district for which a site plan is not required under this zoning ordinance may not occur and shall not be valid until reviewed by the planning director, or designee, for compliance with the standards applicable to the district. No building permit issued for such work shall be valid until the work has been approved by the planning director, or designee, as being in full compliance with the requirements for this district.

2.

Any person proposing work that is subject to review and approval by the planning director under this subsection shall provide to the planning director all information which the director may require regarding the architecture, color and other characteristics of the buildings on the site.

3.

The regular exterior maintenance of a building, structure or sign within the district shall not require review and approval by the planning director; provided, however, that any exterior painting which changes the colors on such building, structure or sign or which uses a color other than those authorized under section 12-605(I) above shall not be deemed maintenance and shall be subject to review and approval by the director, or designee.

4.

If aggrieved by the decision of the planning director in regard to the approved architecture, color and related characteristics of the building, the applicant may appeal to the planning commission and city council as provided for in section 12-606(C) below.

C.

Appeals. The determinations of the planning director may be appealed by the applicant to the planning commission, upon timely filing of appeal with the director within thirty (30) days of the director's decision. The planning commission shall hear such appeal as a site plan review item. The property affected shall be posted in the manner prescribed by ordinance for site plan applications. If aggrieved by the decision of the planning commission, the applicant may appeal directly to the city council, provided that such appeal is filed with the planning director within thirty (30) days of the decision of the planning commission. If aggrieved by the decision of the city council, the applicant may appeal directly to the Chesapeake circuit court, as provided for in the Code of Virginia, 1950, as amended. Only the applicant shall have the right of appeal from decisions of the planning commission and city council.

(Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-028, 3-20-18)

A.

In general. The following table sets out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in the overlay district. In the event of conflict with the use restrictions for the B-5 urban business district, the use restrictions for the B-5 urban business district shall govern. Where a use is not listed it shall be presumed that it is not allowed as a permitted or conditional use in this district; provided that in those instances where a proposed use not listed herein 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.

B.

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

C.

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

1.

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

2.

Limited to dog grooming, pedigree record services for pets and showing pets only.

3.

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

4.

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

5.

Operated in accordance with chapter 14, article VI (section 14-271 et seq.), of the city Code.

6.

Alternative lending establishments shall require a conditional use permit. See section 13-1900 et seq. for supplemental regulations.

7.

Limited to retail sales only; all operations shall be approved by the fire chief and risk management.

8.

No more than two thousand (2,000) square feet of floor area shall be devoted to laundering and finishing processes and no coal-burning or smoke-producing equipment shall be used.

9.

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

10.

See section 13-1504 of this ordinance for supplemental regulations.

11.

See section 13-1100 of this ordinance for supplemental regulations.

12.

Raising of animals for experimental purposes is excluded.

13.

See section 13-500 et seq. of this ordinance for supplemental regulations.

14.

No such establishment shall be used for private gain.

15.

No such establishment shall be used for private gain. Because of the concentrated nature of parking patterns generated by assembly uses and the impact on available off-street parking unique to the area in the South Norfolk Business Overlay District, no assembly use shall operate in a building with more than one (1) leasable space.

16.

Multifamily residential units shall be located only in buildings which are a minimum two (2) stories in height and shall be located only on the second floor and above, provided that 1) the ground floor level is actively used or marketed for retail, commercial, office, institutional or other permitted or conditional nonresidential uses in the South Norfolk business overlay district and 2) residential and nonresidential uses are not conducted on the same floor. All Virginia Uniform Statewide Building Code requirements shall be satisfied.

17.

A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption which is open for business after 1:00 a.m. where any portion of such property is located within one hundred (100) feet of any lot line of any property zoned or used for residential purposes. Where such an establishment is located in a shopping center, the one hundred (100) foot distance shall be measured from the outer walls of the unit or space in which the establishment is located.

This condition shall not apply if the structure or unit in which the establishment is located is separated from property zoned or used for residential purposes by a street at least sixty (60) feet in width that is owned and maintained by the city or the Commonwealth of Virginia.

18.

A conditional use permit shall be required if the parking garage is located adjacent to property zoned or used for residential purposes. In addition, parking facilities in the South Norfolk business overlay district shall not be located at street level with the exception of the entrance and exit to a parking garage which shall be oriented to the rear or side of the building or structure. The zoning administrator shall determine the front of the building based on the width of the streets, with the front generally facing the widest street, and on building orientation.

19.

Motor vehicle repair facilities (SIC 75) shall comply with all regulations set out in section 13-2400 of this ordinance.

20.

No tattoo parlors shall be permitted regardless of the underlying zoning district. (See table 8-602)

21.

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

22.

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 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.

23.

See section 13-3100 of this ordinance for supplemental regulations.

24.

Off-street parking shall be provided as required by section 6-102 and further defined in section 19-411 of this zoning ordinance unless city council requires more or less off-street parking as a condition of the use permit.

25.

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

D.

Table of permitted and conditional uses in the South Norfolk business overlay district.

(Ord. No. 99-O-022, 2-16-99; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-104, 7-20-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 00-O-094, 8-15-00; Ord. No. 01-O-004, 1-23-01; Ord. No. 01-O-032, 4-17-01; Ord. No. 01-O-053, 6-20-01; Ord. No. 04-O-030, 2-17-04; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-075, 6-21-05; Ord. No. 05-O-147, 11-22-05; Ord. No. TA-Z-07-10, 8-21-07; Ord. No. 12-O-014, 2-21-12; Ord. No. 17-O-081, 11-21-17; Ord. No. 23-O-077, 7-18-23; Ord. No. 23-O-088, 8-15-23; Ord. No. 24-O-006, 1-16-24; Ord. No. 24-O-088, 8-20-24)

_____

(Ord. No. 00-O-131, 11-28-00)

There is hereby created the "Chesapeake historic and cultural preservation overlay district." All properties located within this district shall adhere to the provisions set out below.

(Ord. No. 00-O-131, 11-28-00)

This ordinance is enacted under the authority given in Virginia Code § 15.2-2306 to establish the historic and cultural preservation overlay district ("HC district" or "district") in general areas or for individual buildings, structures, landmarks, areas and premises officially designated by the city council as having important historic, architectural, archaeological, or cultural interest or land contiguous to arterial streets and highways deemed by city council to be a significant route of tourist access to the city or to historic or culturally significant buildings, structures, landmarks, areas or premises within the city ("significant route of tourist access"). Regulations and architectural guidelines and standards within the HC district are intended to protect against destruction of or encroachment upon such buildings, structures, landmarks, areas or premises; to encourage uses which will lead to preservation of the cultural and historic heritage of the city; to prevent environmental influences adverse to such purposes; to encourage development and redevelopment that is consistent with the character of the HC district; to assure that new buildings, structures and uses within the HC district will be in keeping with the character to be preserved and enhanced; and to protect, preserve and promote significant routes of tourist access.

(Ord. No. 00-O-131, 11-28-00)

The provisions of this ordinance shall govern the establishment of the boundaries, regulations, procedural guidelines and architectural guidelines for all buildings, structures, landmarks, areas, premises and significant routes of tourist access included in the HC district. This ordinance shall incorporate by reference HC district boundary maps, procedural guidelines and architectural guidelines for buildings, structures, landmarks, areas, premises and significant routes of tourist access within the designated HC district. The ordinance shall apply to all properties within the designated HC district, whether such property is publicly or privately owned.

(Ord. No. 00-O-131, 11-28-00)

The initial designation of, and any subsequent amendment to the HC district, including the addition or removal of any building, structure, landmark, area, premises or significant route of tourist access, shall be approved by the city council as an amendment to the zoning ordinance, after recommendation by the Chesapeake historic and architectural review board (created under section 12-705 of this ordinance) and the Chesapeake planning commission. If the city council approves the inclusion of a building, structure, landmark, area, premises or significant route of tourist access within the HC district, such action shall include a declaration that the building, structure, landmark, area or other premises is of important historic, architectural, archaeological or cultural interest, or that the area is a significant route of tourist access requiring protection against destruction and encroachment. Procedures for the inclusion or removal of buildings, structures, landmarks, areas, premises and significant routes of tourist access in the HC district shall be in accord with state and local requirements for zoning amendments and shall further be conducted in conformance with the following:

(a)

Applications for the HC zoning. Applications to establish, expand or modify the HC district may be initiated by the city council or the planning commission in accordance with the procedures applicable to zoning text amendments. Any property owner may petition the city council or the planning commission to include his or her property within the HC district. All such requests shall be reviewed by the board of historic and architectural review, which shall make recommendations to the planning commission. All applications to establish, expand or modify the HC district shall contain the components indicated below.

(b)

Proposed overlay district boundaries. Each application shall include a description of the proposed HC district boundaries. Such boundaries shall be drawn to include all appropriate properties reasonably contiguous to or within an area of important historic, architectural, archaeological or cultural interest and, where applicable, to include significant routes of tourist access. Where feasible, the overlay district boundaries should be drawn to divide the HC district from properties not included in the district at rear lot lines or at other points where divisions between districts will create minimum intradistrict conflict. Nothing herein shall preclude city council from approving district boundaries that do not follow property lines.

(c)

Report with application. Each application to establish, expand or modify the HC district shall include a local historic designation report establishing, defining and describing the historic, architectural, archaeological or cultural character of the buildings, structures, landmarks, areas, premises or significant routes of tourist access to be included in the HC district and recommending any special regulations to apply to individual buildings, structures, landmarks, areas, premises, or significant routes of tourist access within the HC district.

(d)

Recommendations concerning architectural guidelines. Each application shall include recommendations for architectural guidelines to be administered by the board of historic and architectural review in the issuance of certificates of appropriateness within the proposed HC district. Such guidelines shall address the criteria set out in section 12-707 of this ordinance.

(Ord. No. 00-O-131, 11-28-00)

There is hereby created and established a board of historic and architectural review ("review board") to administer the procedural and architectural guidelines and standards adopted under this ordinance including, without limitation, the approval of certificates of appropriateness for new construction, alterations, additions, repairs, renovations, relocations and demolitions in the HC district. The review board shall be comprised of seven (7) voting members appointed by city council and one (1) city employee appointed by the review board to serve as recording secretary. The seven (7) voting members shall include the following:

(1)

Two (2) members of the Chesapeake historic preservation commission.

(2)

One (1) member who possesses a knowledge or experience in the renovation or repair of historic structures that are at least fifty (50) years old.

(3)

Four (4) citizens of the city, of which two (2) shall be residents in a historic overlay district. One such resident shall also own real property in the district. In addition, one (1) of the four (4) citizen members shall be involved in the building construction industry.

The makeup of the architectural review board shall consist of at least one (1) licensed professional architect or person having education, experience, or knowledge of historic architecture. Voting members shall be appointed by city council for staggered terms of four (4) years. The review board shall elect officers, adopt procedures and bylaws and meet at such times as it may determine to be appropriate and in any event, within forty (40) days after an application for a certificate of appropriateness has been filed. All vacancies in the review board shall be filled by city council for the unexpired portion of the term.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 16-O-061, 6-21-16; Ord. No. 21-O-099, 9-21-21)

In establishing the HC district, the city council shall approve procedural guidelines designed to govern the actions of the review board. The procedural guidelines shall include (i) provisions for administrative regulations to be followed by the review board; (ii) criteria for determining whether properties, buildings, structures, and landmarks possess historical or cultural significance and are thereby designated as contributing or non-contributing; (iii) criteria for administrative and board approved certificates of appropriateness for particular classes of construction, alteration, preservation, maintenance, repair and renovation of contributing and non-contributing buildings and structures and ground surfaces and hardscape; and (iv) criteria for the issuance of temporary certificates of appropriateness. Changes to the procedural guidelines may be amended only by city council in the same manner as amendments to the zoning ordinance.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 16-O-062, 6-21-16)

In establishing and amending the HC district, the city council shall approve architectural guidelines and standards ("architectural guidelines") designed to protect and preserve the historic and cultural significance of the district. The review board shall be responsible for administering the architectural guidelines and shall exercise reasonable discretion in applying the criteria in a uniform and consistent manner. The architectural guidelines shall include criteria for determining whether properties, buildings, structures, and landmarks possess historical or cultural significance and are thereby designated as contributing or non-contributing. Furthermore, the architectural guidelines may include, but need not be limited to, i) criteria for the construction, alteration, preservation, maintenance, repair, renovation, dismantling, relocation and demolition of buildings and structures and ground surfaces and hardscape, and ii) criteria for the design, maintenance and development of historic landmarks, areas, premises and significant routes of tourist access. The architectural guidelines may be amended only by city council in the same manner as amendments to the zoning ordinance. In addition to the notice required by Virginia law, the department of planning shall ensure that written notice of proposed amendments to the architectural guidelines is mailed or delivered to all registered civic leagues, leadership councils, and organized business associations operating within the portion of the HC district to be affected by the amendment. A registered organization shall be one that has advised the director of planning in writing of its desire to be notified of proposed amendments to the architectural guidelines.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 16-O-062, 6-21-16)

No building, structure (including signs), or landmark, or portion thereof, that is or will be visible from a paved public street shall be constructed, erected, extended, enlarged, altered, repaired, renovated, dismantled, demolished or moved unless and until a certificate of appropriateness has been issued by the review board, or in the case of administrative certificates of appropriateness, by the director of planning, for such action. Notwithstanding the foregoing, no certificate of appropriateness shall be required for the following: (i) ordinary maintenance activities and minor repairs, other than painting or replacement of siding, roofing, windows or doors, that do not require a building permit and that must be performed on a regular and relatively frequent basis to maintain architectural and structural integrity, provided that such maintenance or repair is performed using materials which are of the same design and type as those on the existing building, structure or landmark and which preserve the architectural defining features of said building, structure or landmark; (ii) removal of storm windows, storm doors, television and radio antennas, satellite dishes, or solar collectors, and (iii) the installation or removal of window air conditioner units or fans. Where certificates of appropriateness are required, the following shall apply:

(a)

Applications, open meetings required. Applications shall be made to the department of planning and shall be referred to the review board for comment and action, unless administrative certification has been established as provided in subsection 12-708(i) below. The review board shall hold a hearing open to the public on such application, at which time the applicant and other interested parties shall be permitted to comment on the application. The planning department shall be responsible for mailing or delivering written notice of the time, date and place of the open hearing to the applicant and adjacent property owners.

(b)

Materials to be submitted for review. In addition to the application, the review board may require submittal of any or all of the following in connection with an application for a certificate of appropriateness: architectural plans; site plans; proposed signs (including appropriate detail as to historic character and location, but in no case shall the review include the content of the sign); exterior lighting plans; elevations of all portions of buildings and structures visible from a public street; construction materials; design plans for doors and windows; plans for exterior ornamentation, color and other architectural details; photographs or perspective drawings indicating visual relationships to adjoining structures and spaces; and such other exhibits and reports as the review board determines to be necessary to a final determination.

(c)

Scheduling an open meeting. A complete application shall be scheduled for a hearing before the review board within forty (40) days of filing and shall, unless otherwise provided herein, for new construction, additions or for the relocation, dismantling or demolition of a building, structure or landmark, take final action on such complete application within seventy (70) days of the initial filing, unless the applicant agrees to an extension, provided that all materials required for a full review of the application have been submitted as requested. Where emergency repairs to a building, structure or landmark are needed, the review board shall hear the application within five (5) business days, or as soon thereafter as circumstances permit.

(d)

Standards of review. The review board shall give due consideration of the application taking into consideration the nature of the proposal, the impact of the proposed action on the character and integrity of the HC district and the degree to which the proposed action conforms with the intent of this ordinance and the standards in the architectural guidelines.

(e)

Issuance of certificates for new construction, additions, improvements, and exterior alterations, renovations and repairs. After reviewing all materials submitted and conducting a field examination (if deemed necessary), the review board shall issue a certificate of appropriateness for all new construction, additions, improvements, exterior repairs, renovations and alterations to buildings, structures (including signs) and landmarks visible from a paved public street upon finding that the proposal is appropriate and meets the purpose and requirements of this ordinance and applicable architectural guidelines. Upon the request of an applicant, the review board may permit modification of the initial application if such modifications are clearly indicated by the applicant during the open meeting and made a matter of record by the review board. Application and review procedures for the issuance of a certificate of appropriateness for new construction and additions shall be generally as set out above, however, the review board shall have one hundred (100) days from the date a complete application is filed in which to take final action on such request.

(f)

Denial of certificates for new construction, additions, improvements, and exterior alterations, renovations and repairs. The review board shall deny an application for new construction if it finds that (i) the proposed action would adversely affect or be incompatible with the character of the HC district or with the setting of buildings, structures, landmarks and areas of important public interest, (ii) the proposed action is not consistent with the intent of this ordinance, or (iii) the proposed action is not consistent with the architectural guidelines approved for the portion of the HC District in which the property under consideration is located. Where a certificate of appropriateness is denied, the review board shall record its reasons for denial.

(g)

Issuance of certificate of appropriateness for moving or relocating buildings, structures and landmarks. Except as provided in this subsection, no permit shall be issued for moving or relocating, by dismantling or other action, all or any significant part of a building, structure or landmark within the HC district without a certificate of appropriateness. Application and review procedures for the issuance of a certificate of appropriateness shall be generally as set out above for new construction and alterations, with appropriate modifications as to materials required for review in the particular case; provided that, however, the review board shall have one hundred (100) days from the date a complete application is filed in which to take final action on such request. Unless the board takes final action on the application to either deny or issue a certificate of appropriateness within this one hundred (100) day period, the city may issue a permit to move or relocate the building without the certificate, provided that all other ordinances of the city are met.

(h)

Issuance of certificate of appropriateness for demolition of buildings, structures and landmarks. Except as provided in this subsection, no permit shall be issued for the dismantling or demolition of all or any significant part of a building, structure or landmark within an HC district prior to the issuance of a certificate of appropriateness or, failing such issuance, as specified in § 15.2-2306 of the Code of Virginia. In considering applications for proposed demolitions requiring certificates of appropriateness, due consideration to the circumstances and condition of the building, structure or landmark, or part thereof proposed for demolition or dismantling shall be given, and the feasibility of preservation of same shall be determined. If preservation is found to be physically or economically infeasible, a certificate of appropriateness shall be issued. If preservation is found to be feasible, however appropriate actions shall be taken pursuant to this ordinance and the architectural guidelines to ensure preservation. An appeal of the determination that preservation is feasible may be submitted to the city council within thirty (30) days after the determination is made, and thereafter to the circuit court, as set out in section 12-712 below. Notwithstanding anything herein to the contrary, however, the owner of a building, structure or landmark in the HC district shall have the right to demolish same under the specific conditions set out in § 15.2-2306 of the Code of Virginia, 1950, as amended. In addition, the city shall be exempt from the requirement for a certificate of appropriateness when facilitating the demolition or dismantling of a building, structure or landmark deemed to be unsafe under the Virginia Uniform Statewide Building Code or under chapter 14 of the City Code.

(i)

Administrative certificate of appropriateness for particular classes. Administrative certificates of appropriateness may be issued under uniform criteria set out in the procedural architectural guidelines, upon findings that particular materials, designs, architectural features or styles and other characteristics are generally acceptable and appropriate within the HC District; or that the designation of a particular building, structure or landmark as non-contributing renders review by the review board unnecessary to preserving the historic or cultural character of the HC district. In such cases, the director of planning, or designee, shall be responsible for determining that the application meets the uniform criteria set out in the procedural guidelines and shall issue an administrative certificate accordingly.

(j)

Issuance of temporary certificate of appropriateness under certain conditions. Upon application by the owner of any non-income-producing, owner-occupied building or structure proposed for alteration, renovation or repair, the review board may issue a temporary certificate of appropriateness for a period of time not to exceed one year from the date of issuance. No such temporary certificate shall be issued, however, unless the review board receives an opinion from the independent committee reviewing hardship applications that the applicant suffers from an economic hardship. The board shall not review hardship applications submitted to the independent committee. No temporary certificate of appropriateness shall be issued where in the opinion of the board the alleged economic hardship results from the following:

1.

Willful or grossly negligent acts of the applicant; or

2.

Failure to perform regular maintenance in conformance with the Virginia Uniform Statewide Building Code. Denial of an application for a temporary certificate of appropriateness may be appealed as specified in section 12-712 below. Issuance of a temporary certificate of appropriateness shall in no event excuse a failure to comply with building maintenance requirements set out in the Virginia Uniform Statewide Building Code or any other applicable laws or codes. A one-year extension may be granted, provided 1) the application for the extension is filed prior to the expiration of the original temporary certificate of appropriateness, and 2) the applicant demonstrates diligence in seeking to upgrade the alteration, renovation or repair to conform with applicable architectural guidelines and findings of the review board. In any event, the owner of the property shall obtain a permanent certificate of appropriateness, as required by this subsection, prior to the expiration of the temporary certificate of appropriateness, or any extension thereof. Failure to obtain a permanent certificate of appropriateness before the expiration of the temporary certificate of appropriateness shall be deemed a violation of this ordinance.

(k)

The city council shall establish a fee for after-the-fact applications for certificates of appropriateness in the annual budget ordinance. After-the fact shall mean a request for a certificate of appropriateness for the construction, extension, enlargement, alteration, renovation or demolition of any building, structure, landmark, or any part thereof, occurring before approval of an application for a certificate of appropriateness.

(l)

A certificate of appropriateness shall expire after six (6) months from the date that the certificate was approved. This time limit shall apply to all certificates of appropriateness. Upon the expiration of a certificate of appropriateness, any construction, extension, enlargement, alteration, renovation or demolition of any building, structure, landmark, or any part thereof shall be considered a violation of this ordinance unless and until another certificate of appropriateness is approved. The after-the-fact fee set out in subparagraph (k) shall not apply to expired certificates of appropriateness.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 02-O-046, 4-16-02; Ord. No. 03-O-144, 11-18-03; Ord. No. 06-O-094, 7-18-06; Ord. No. 08-O-146, 11-18-08; Ord. No. 08-O-147, 11-18-08; Ord. No. 16-O-062, 6-21-16; Ord. No. 18-O-028, 3-20-18; Ord. No. 22-O-051A, 5-17-22)

(a)

General provisions. All buildings, structures, landmarks, areas, and premises within the HC district shall be maintained in good repair and shall be structurally sound and reasonably protected against decay and deterioration as required by applicable provisions of the City Code and the Virginia Uniform Statewide Building Code. Such provisions shall be enforced by the city's building code official with special care taken to ensure the maintenance and protection of significant architectural features and to guard against deterioration or decay that may have a detrimental effect on public health or safety, on the character of the HC district as a whole, or on the life and character of a particular building, structure, or landmark within the HC district. To this end, attention shall be given to such appurtenances and features including, but not limited to, the following:

(1)

The deterioration of exterior walls or other vertical supports;

(2)

The deterioration of roofs or other horizontal members;

(3)

The deterioration of exterior chimneys;

(4)

The deterioration or crumbling of exterior plaster or mortar;

(5)

The ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors;

(6)

The peeling of exterior paint;

(7)

Exterior rotting holes and other forms of decay;

(8)

The lack of maintenance of the surrounding environment, including fences, gates, sidewalks, steps, signs, and accessory structures; and

(9)

The deterioration of any exterior feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.

The requirements for maintenance set forth in this subsection and in the Virginia Uniform Statewide Building Code shall apply to all buildings and structures in the HC district, including public housing.

(b)

Specific application to vacant buildings and structures. Maintenance provisions in the City Code and the Virginia Uniform Statewide Building Code shall be administered and interpreted by the building code official. Any vacant building or structure which is not maintained in accordance with the minimum criteria required by the City Code and the Virginia Uniform Statewide Building Code, shall be conclusively presumed to be unsafe and to constitute a public nuisance. It shall be the responsibility of the owner, as defined in § 36-97 of the Code of Virginia, to maintain such vacant building or structure notwithstanding that such building or structure shall have been secured against public entry.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 16-O-063, 6-21-16)

Any violation of or failure to comply with the requirements of this ordinance, other than the maintenance provisions in section 12-709, shall be deemed a zoning violation punishable by a civil penalty of $100.00 for a first offense, $250.00 for a second offense, and $350.00 for each subsequent offense arising out of the same set of operative facts and shall otherwise be enforced as civil penalties are under article 20 of this ordinance; provided that all appeals related to violation of the terms and conditions of a certificate of appropriateness shall be made to the review board and not the board of zoning appeals. All violations of the maintenance and repair provisions in section 12-709 shall be enforced in accordance with the Virginia Uniform Statewide Building Code or city Code, as applicable, with appeal rights as provided by state law.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 10-O-115, 9-21-10)

Any action taken to construct, repair, renovate, alter, enlarge, move, relocate, dismantle or demolish a building, structure or landmark in the HC district, or to conduct new construction within any area, premises or significant route of tourist access in the HC district, shall be in strict accordance with the terms and conditions of the certificate of appropriateness issued for such purpose. Failure to comply with the terms and conditions of an approved certificate of appropriateness may result in the revocation of the subsequently issued building permit, moving permit or demolition permit for which the certificate of appropriateness was required, or may result in the issuance of a zoning violation notice, either of which actions may be taken by the zoning administrator. The holder of the certificate may appeal the revocation of a permit or issuance of a notice of violation under this subsection by filing a request for review with the review board within thirty (30) days of the action taken by the zoning administrator. The review board shall conduct a hearing on the matter, and based on its subsequent findings, affirm, modify or reverse the decision of the zoning administrator. The final decision of the review board may be appealed to the city council and to the circuit court as provided in section 12-712 below.

(Ord. No. 00-O-131, 11-28-00)

(a)

Appeals to city council. Persons aggrieved by any decision of the review board shall have the right to appeal to the city council by filing a written petition of appeal with the city clerk within thirty (30) days after the final decision is rendered by the review board. The petition for appeal shall specify the alleged erroneous action of the review board. Appeals shall be listed in the agenda of the city council public hearing for which the appeal has been scheduled. The planning department shall be responsible for mailing or delivering written notice of the time, date, and place of the city council public hearing to the appellant and adjacent property owners after confirmation of the city council hearing date by the city clerk. In considering and deciding the appeal, city council may reverse, modify or affirm the decision of the review board. The filing of the appeal shall stay the decision of the review board pending the outcome of the appeal, except that the filing of the appeal shall not stay the decision of the review board if such decision denies the right to dismantle or demolish a building, structure, or landmark in accordance with section 12-708(h) above.

(b)

Appeals to circuit court. Persons aggrieved by a decision of the city council under subsection 12-712(a) above shall further have the right to appeal to the circuit court of the City of Chesapeake for review of the decision by filing a petition setting forth the alleged erroneous action of the city council. A petition for appeal must be filed within thirty (30) days after the final decision on the certificate of appropriateness is rendered by the city council. The filing of the said petition with the circuit court shall stay the decision of the city council pending the outcome of the appeal, except that the filing of such petition shall not stay the decision of the city council if such decision denies the right to dismantle or demolish a building, structure or landmark in accordance with section 12-708(h) above. The court may reverse or modify the decision of the city council, in whole or in part, if it finds upon review that the decision of the city council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or the court may affirm the decision of the city council.

(Ord. No. 06-O-094, 7-18-06; Ord. No. 19-O-027, 2-19-19)

(Ord. No. 00-O-131, 11-28-00)

The South Norfolk historic and cultural preservation overlay district ("South Norfolk historic district") shall include all of those properties located within the area identified on the map entitled "South Norfolk local historic district," dated February 28, 2001, which is hereby incorporated into and made a part of this ordinance. Such area is generally described as follows: Those properties located on each side of Hull Street from Holly Street to just south of Poindexter Street; those properties just south of Poindexter Street from just west of Hull Street to just south of Phillips Street; those properties on each side of Seaboard Avenue from just south of Phillips Street to just north of Richmond Street; those properties just north of Richmond Street from Seaboard Avenue to just east of Rodgers Street; Properties just north of Byrd Street including Lakeside Park and Truitt Intermediate School. In addition, all properties located within the above-referenced boundaries are included within the South Norfolk historic district.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 16-O-063, 6-21-16)

Architectural guidelines entitled, "South Norfolk Historic District Design Guidelines," dated December 6, 2024, shall apply in the areas described above.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 08-O-148, 11-18-08; Ord. No. 12-O-093, 9-18-12; Ord. No. 15-O-091, 6-16-15; Ord. No. 16-O-062, 6-21-16; Ord. No. 16-O-063, 6-21-16; Ord. No. 25-O-015, 3-18-25)

A.

The following uses may be permitted with the approval of a conditional use permit in accordance with Article 17 subject to the development standards set out in subparagraph B.

1.

Insurance (SIC 63)

2.

Real Estate Agents (SIC 6531)

3.

Dressmakers and tailors (SIC 7219)

4.

Photographic Studios, Portrait (SIC 7221)

5.

Beauty Shop (SIC 723)

6.

Barber Shop (SIC 724)

7.

Shoe Repair (SIC 725)

8.

Tax Return Preparation (SIC 7291)

9.

Miscellaneous Personal Services, Offices Only, except tattoo and massage parlors (SIC 7299)

10.

Advertising Agencies (SIC 7311)

11.

Secretarial and Court Reporting Agencies (SIC 7338)

12.

Computer Programming, data processing and computer-related services (SIC 737)

13.

Interior Decorating Consulting Service, except painters and paper hangers (SIC 7389)

14.

Watch, Clock and Jewelry Repair (SIC 7631)

15.

Picture Framing (SIC 7699)

16.

Offices and Clinics of Doctors and Dentists (SIC 801-804)

17.

Museums and Art Galleries (SIC 841)

18.

Engineering and Architecture, Offices only, except surveying (SIC 871)

19.

Accounting, Auditing and Bookkeeping (SIC 872)

20.

Management and Public Relations, Offices Only (SIC 874)

B.

Application requirements and development standards:

1.

An application for a conditional use permit shall not be accepted by the Planning Department unless the proposed lot is entirely located with one of the following blocks determined to have sufficient on-street parking, except that nothing shall restrict City Council from considering the impacts of an individual application:

a.

Chesapeake Avenue: 1022-1447 block range

b.

Holly Avenue: 808-1330 block range

c.

Jefferson Street: 800-1309 block range

d.

Ohio Street: 803-1310 block range

e.

Stewart Street: 1400-1440 block range

2.

No exterior alteration to any building or structure, signage, lighting or parking area shall occur without issuance of a certificate of appropriateness in accordance with section 12-708. The completed application for a certificate of appropriateness, if required by section 12-708, must be submitted before consideration of an application by the planning commission.

3.

Signage shall be limited to one sign with a maximum size of four (4) square feet and shall be a wall sign or free-standing and subject to the requirements of an approved conditional use permit and a certificate of appropriateness properly issued under section 12-708. No internal illumination shall be permitted.

4.

Off-street parking is not required but may be provided in a side or rear yard only and shall be subject to the certificate of appropriateness requirements of section 12-708.

5.

Hours of operation may be established with the approval of a conditional use permit.

6.

An approved conditional use permit under this section shall not be administratively approved for an expansion under section 17-111 of the zoning ordinance.

(Ord. No. 11-O-104, 10-18-11; Ord. No. 16-O-063, 6-21-16)

(Ord. No. 00-O-131, 11-28-00)

The Chesapeake arboretum historic and cultural preservation overlay district shall include the historic farmhouse known as the Caleb Williamson House located at 624 Oak Grove Road, Chesapeake, Virginia. The district shall not include lawns, gardens, trails, or accessory structures.

(Ord. No. 00-O-131, 11-28-00)

Prior to any alteration, renovation, dismantling, modification, relocation or demolition to the Caleb Williamson House, the board of historic and architectural review, as defined in section 12-705 above, and the Chesapeake Historic Preservation Commission, shall be consulted, and asked to review the proposed action and provide comments and input to assure that the historic character of the structure is preserved. No such review shall be required for routine maintenance, like-kind replacement, emergency repairs, all of which shall be reviewed and approved by the city manager or designee, or if the Caleb Williamson House is deemed to be unsafe under the Virginia Uniform Statewide Building Code or under chapter 14 of the City Code.

(Ord. No. 00-O-131, 11-28-00; Ord. No. 23-O-078, 7-18-23)

Editor's note— Ord. No. 23-O-078, adopted July 18, 2023, changed the title of section 12-732 from "Architectural guidelines" to "Architectural review." The historical notation has been preserved for reference purposes.

(Ord. No. 20-O-057, 6-16-20)

There is hereby created the "Great Bridge Historic Gateway Overlay District" of the City of Chesapeake. All properties located within this district shall be subject to the provisions set out below.

(Ord. No. 20-O-057, 6-16-20)

The historic gateway district of the Great Bridge area of the City of Chesapeake is a distinctive area that possesses a rich history, significant impact to commerce, and unique natural resources. The area's historical significance is evidenced by the Great Bridge Battle site (Battlefield) and the Albemarle and Chesapeake Canal Historic District, both of which are listed on the National Register of Historic Places and the Virginia Landmarks Registry. The Albemarle and Chesapeake Canal is the vital link in the nation's Intracoastal Waterway and provides inland commerce for boat traffic for the entire Eastern Seaboard of the United States. The area is also surrounded by significant tidal wetland areas, marshes, and other environmentally sensitive areas.

The Albemarle and Chesapeake Canal Historic District was listed on the Virginia Landmarks Registry in 2002 and the National Register of Historic Places in 2004. It is part of the Atlantic Intracoastal Waterway and carries both recreational and commercial boat traffic. The 9.1 mile long and 90 foot wide Virginia Cut of the Albemarle and Chesapeake Canal, which connects the Southern Branch of the Elizabeth River to the North Landing River, was constructed in 1859. The Albemarle and Chesapeake Canal was one of the first canals to be designed for steam-powered vessels. It was also the first canal in Virginia to be built entirely by steam dredging, rather than by hand. The canal was under Union control during the Civil War but remained intact after the war.

The Great Bridge Battle site (Battlefield) was individually listed on the Virginia Landmarks Registry in 1971 and the National Register of Historic Places in 1973. The Great Bridge Battlefield is the site of the first military engagement in Virginia for the American Revolutionary War. The Battle of Great Bridge, from which the community of Great Bridge derives its name, was fought on December 9, 1775. The battle ended in victory for the American Patriots and forced the retreat of Virginia Royal Governor, Lord Dunmore, and his British troops. A re-enactment of the Battle of Great Bridge is held every year in December near the site of the original battle. In the fall of 2019, the Great Bridge Battlefield and Waterways History Foundation opened a museum and visitor center, dedicated to preserving the history of the Battle of Great Bridge and the Albemarle and Chesapeake Canal, in the Great Bridge Battlefield and Waterways Historic Park.

The continued preservation and revival of the Great Bridge area depends upon revitalizing the community's historic relationship with the business community which anchors it and both preserving and restoring those characteristics of the business district which make it attractive and viable.

(Ord. No. 20-O-057, 6-16-20)

The purpose and intent of creating the Great Bridge Historic Gateway Overlay District is to establish special zoning standards for the area which accomplish the following:

1.

Enhance those physical and architectural aspects of the area which make it attractive and consistent with the historic character of the community it serves;

2.

Limit uses in the area to those that are consistent with the commercial, historic and recreational importance of the area and the waterways in and around it; and

3.

Provide development flexibility that is economically stable and encourages the improvement and upgrading of the area.

(Ord. No. 20-O-057, 6-16-20)

The Great Bridge Historic Gateway Overlay District shall include those areas designated as the Causeway Character District, the Historic Battlefield Character District, the Great Bridge Business Character District, and the South Gateway Character District as identified on the map entitled, "Character Districts of the Great Bridge Historic Gateway Overlay District" and dated February 25, 2020 which is hereby incorporated into and made a part of this ordinance. These character districts are modeled after, but do not exactly correspond to, the Causeway District, Historic Battlefield District, Great Bridge Business District, and South Gateway District contained in the adopted Great Bridge Village Design Guidelines.

(Ord. No. 20-O-057, 6-16-20)

A.

Applicability. The development standards set out herein shall apply to new construction of a principal structure that occurs after June 16, 2020 and major exterior renovations to an existing principal structure, proposed site development requiring a site plan, or any building permit issued for a principal structure that is subject to this ordinance within the areas designated as the Causeway Character District, Historic Battlefield Character District, Great Bridge Business Character District, and the South Gateway Character District. For purposes of this ordinance, the term "major exterior renovations" shall include the cumulative costs since June 16, 2020, of any reconstruction, rehabilitation, addition or other improvement, the cost of which equals or exceeds fifty (50) percent of the building's assessed value as determined by the most recent assessment by the city's real estate assessor. The planning director, or designee may request any information necessary to determine costs associated with proposed improvements, which shall generally be consistent with documentation required for building permits. In the event of a conflict, the standards set out below shall supersede any contrary zoning ordinance provision.

B.

Incorporation of the Great Bridge Village Design Guidelines. City council approved the Great Bridge Village Design Guidelines on December 16, 2008. The Great Bridge Village Design Guidelines are herein incorporated by reference and shall apply to applicable properties as outlined in this ordinance, as determined by the planning director, or designee. Unless otherwise specified in this ordinance, the design guidelines are applicable to all building elevation façades visible from a public right-of-way. The Great Bridge Village Design Guidelines may only be amended by city council in the same manner as amendments to the zoning ordinance.

C.

Causeway Character District.

a.

Intent. The purpose of this area is to foster the development and redevelopment of land uses associated with a mixed-use community waterfront village that promotes and preserves the historical significance of the area.

b.

Development standards. Development in this district shall comply with the MXD-U, Mixed Use Urban District development standards, excepting subsection 7-512(H), unless otherwise specified herein. In the event of a conflict, the standards set out below shall supersede any contrary zoning ordinance provision.

i.

Mixture of uses. The mixture of uses in this district should include at least two (2) different classifications of land use or otherwise comply with the intent of the Causeway Character District, as determined by the planning director, or designee. Residential development is not a required component of mixed use in the Causeway Character District. Vertical mixed use buildings with commercial uses on the ground floor and residential use on the upper floors, and all other residential uses, shall require a conditional use permit as set forth in subsection 12-807(D) of this ordinance.

ii.

Building design. The maximum height of a building or structure shall not exceed four (4) stories, provided that this maximum height may be exceeded with the approval of a conditional use permit from city council. New construction of a principal structure and major exterior renovations of an existing principal structure shall adhere to the design guidelines set forth in the adopted Great Bridge Village Design Guidelines.

iii.

Building orientation. Development within the Causeway Character District shall be oriented toward front-facing streets, with parking and other accessory land uses located inward and away from waterways and natural features to maximize the advantages created by these features. The map entitled, "Causeway Character District Front-Facing Streets Exhibit" and dated February 25, 2020, depicts which streets within this district shall be considered front-facing streets and is hereby incorporated by reference. For properties with multiple front-facing streets, development shall be oriented to the primary front yard as determined by the director of planning, or designee. Battlefield Boulevard will continue to function as a major arterial roadway and be designed to move traffic through the Causeway Character District as opposed to providing direct access to individual land uses. Vehicle entrances to Battlefield Boulevard shall conform to the Great Bridge Village Access Management Plan, as determined by the director of development and permits, or designee.

iv.

Principal building build-to line. The front yard build-to line shall range from zero (0) to ten (10) percent of the lot depth, not to exceed ten (10) feet. Build-to lines shall be encouraged to accommodate planned outdoor dining areas, public plazas, landscaping, sidewalks, and other pedestrian activities. The planning director, or designee, may provide written approval to permit a build-to line to exceed ten (10) percent of the lot depth or ten (10) feet, whichever is greater, for good cause shown. Lots that are adjacent to waterways shall be considered to have two (2) front yards on both the fronting street and the waterway.

v.

Buffer yards. Excepting properties that meet one of the exemptions listed below, buffer areas shall be provided in accordance with the requirements for B-2, General Business Districts, as set forth in sections 19-600 et seq. of the zoning ordinance. All plant materials shall be native vegetation as set forth in the adopted Great Bridge Village Design Guidelines.

1.

Exceptions:

a.

Developments that abut residentially zoned or used properties shall install an enhanced landscape buffer consisting of twenty-five (25) percent more plant material than required along the property line abutting such residential zoning or use.

b.

When the distance between any build-to line and the property line is less than the required width of a buffer area under sections 19-600 et seq. of the zoning ordinance, the width of the buffer area may be reduced; provided that the amount and types of structures and/or plants required under sections 19-600 et seq. must be installed to the maximum extent possible within the reduced setback area. The arrangement of structures and plants shall be subject to the review and approval of the city's landscape coordinator prior to installation to assure compliance with this provision.

c.

When the front yard build-to line is zero (0) feet, no front yard buffering shall be required.

d.

Properties that abut, but do not front on Battlefield Boulevard North, as illustrated on the map entitled, "Causeway Character District Front-Facing Streets Exhibit" dated February 25, 2020, shall install a street frontage buffer yard meeting or exceeding the requirements of sections 19-600 et seq. of this ordinance along Battlefield Boulevard North. All such street frontage buffer yards shall include a pedestrian feature to provide pedestrian connectivity throughout the corridor.

vi.

Signage. A signage plan shall be submitted to the planning director, or designee during project review as set forth in section 12-806 below. Signs in the Causeway Character District shall comply with the adopted Great Bridge Village Design Guidelines and the requirements for residential districts as specified in sections 14-700 et seq. of this ordinance; except that the provisions set out below shall also apply and control in the event of a conflict:

1.

The total sign area for all signs on premises shall not exceed one (1) square foot of sign area for each linear foot of public right-of-way frontage.

2.

No sign shall extend above or on the roofline of the building face.

3.

Freestanding signs are prohibited between a street and principal building when there is no front yard build-to line for the principal building.

4.

Overhanging signs, extending out from the building and overhanging a sidewalk, street, alley or other passageway, are prohibited unless a special permit is approved by the director of development and permits, or designee in accordance with section 66-121.1 of the City Code.

5.

Prohibited signage:

a.

Box or cabinet signage;

b.

Billboards; and

c.

Flashing, variable or electronic message signs.

6.

Murals, as permitted by section 14-705 of this ordinance, shall be considered compatible with the character of this district if the mural complements the physical and architectural aspects of the area in which it is located and includes subject matter consistent with the historic character of the Great Bridge Historic Gateway Overlay District, as determined by the planning director or designee.

D.

Great Bridge Business Character District.

a.

Intent. This area is intended to enhance the existing community-scale village concept and capitalize on the history of the area and its connection to existing residential neighborhoods by establishing an overlay district for commercially zoned property.

b.

Development standards. Development on all commercially zoned property in this district shall comply with the development standards for the B-1, Neighborhood Business District, except for subsections 7-302(B) and (C), unless otherwise specified herein. These use and development standards set forth in this ordinance shall not apply to any property zoned and used for residential purposes that was lawfully existing as of June 16, 2020. In the event of a conflict, the standards set out below shall supersede any contrary zoning ordinance provision.

i.

Building design. The maximum height of a building or structure shall not exceed two (2) stories, provided that this maximum height may be exceeded with the approval of a conditional use permit from city council. Buildings and structures in the Great Bridge School Architectural Compatibility Zone, as depicted on the map entitled, "Great Bridge School Architectural Compatibility Zone" dated February 25, 2020, may be up to three (3) stories to encourage massing compatibility with the historically significant Great Bridge School. New construction of a principal structure and major exterior renovations of an existing principal structure shall adhere to the design guidelines set forth in the adopted Great Bridge Village Design Guidelines.

ii.

Mixed use in the Great Bridge School Architectural Compatibility Zone. Residential development is not a required component of mixed use in the Great Bridge School Architectural Compatibility Zone. Vertical mixed use buildings with commercial use on the ground floor and residential use on the upper floors, and all other residential uses, shall require a conditional use permit as set forth in subsection 12-807(D) of this ordinance. Redevelopment or change of use of property located within the Great Bridge School Architectural Compatibility Zone shall be subject to review of the planning director, or designee, in accordance with section 12-806 of this ordinance.

iii.

Building orientation. Development within the Great Bridge Business Character District shall be oriented toward Battlefield Boulevard South, Cedar Road, Johnstown Road, and Mount Pleasant Road as depicted on the "Great Bridge Business Character District Front-Facing Streets Exhibit" and dated February 25, 2020. Corner lots and buildings with multiple frontages shall provide primary consideration to pedestrian activity. Vehicle entrances to Battlefield Boulevard shall conform to the Great Bridge Village Access Management Plan, as determined by the director of development and permits, or designee.

iv.

Principal building build-to lines from streets (front yard). The front yard build-to line shall range from zero (0) to ten (10) percent of the lot depth, not to exceed ten (10) feet. Build-to lines shall be encouraged to accommodate planned outdoor dining areas, public plazas, landscaping, sidewalks, and other pedestrian activities. The planning director, or designee, may provide written approval to permit a front yard build-to line to exceed ten (10) percent of the lot depth or ten (10) feet, whichever is greater, for good cause shown. Lots that are adjacent to waterways shall be considered to have two (2) front yards on both the fronting street and the waterway.

v.

Buffer yards. Excepting properties that meet one of the exemptions listed below, buffer areas shall be provided in accordance with the requirements for B-1, Neighborhood Business District, set forth in sections 19-600 et seq. of the zoning ordinance. All plant materials shall be native vegetation as set forth in the adopted Great Bridge Village Design Guidelines.

a.

Developments abutting residentially zoned or used properties shall install an enhanced landscape buffer consisting of twenty-five (25) percent more plant material than required along the property line abutting such residential zoning or use;

b.

When the distance between any build-to line and the property line is less than the required width of a buffer area under sections 19-600 et seq. of the zoning ordinance, the width of the buffer area may be reduced; provided that the amount and types of structures and/or plants required under sections 19-600 et seq. must be installed to the maximum extent possible within the reduced setback area. The arrangement of structures and plants shall be subject to the review and approval of the city's landscape coordinator prior to installation to assure compliance with this provision; and

c.

When the front yard build-to line is zero (0) feet, no front yard buffering shall be required.

vi.

Signage. A signage plan shall be submitted to the planning director, or designee, during project review as set forth in section 12-806 below. Signs in the Great Bridge Business Character District shall comply with the adopted Great Bridge Village Design Guidelines and the sign standards for the B-1, Neighborhood Business, as set forth in this ordinance; except that the provisions set out below shall also apply and control in the event of a conflict:

1.

The total sign area for all signs on premises shall not exceed one (1) square foot of sign area for each linear foot of public right-of-way frontage.

2.

No sign shall extend above or on the roofline of the building face.

3.

Freestanding signs are prohibited between a street and principal building when there is no front yard build-to line for the principal building.

4.

Overhanging signs, extending out from the building and overhanging a sidewalk, street, alley or other passageway, are prohibited unless a special permit is approved by the director of development and permits, or designee in accordance with section 66-121.1 of the City Code.

5.

Murals, as permitted by section 14-705 of this ordinance, shall be considered compatible with the character of this district if the mural complements the physical and architectural aspects of the area in which it is located and includes subject matter consistent with the historic character of the Great Bridge Historic Gateway Overlay District, as determined by the planning director or designee.

6.

The following signs shall be prohibited:

a.

Box or cabinet signage;

b.

Billboards; and

c.

Flashing, variable or electronic message signs.

E.

Historic Battlefield Character District.

a.

Intent. This area shall consist primarily of public lands located adjacent to the Albemarle and Chesapeake Canal and is intended to preserve existing historic character to maximize the area's waterway and historical significance.

b.

Development standards. Development in this district shall comply with the underlying zoning district, unless otherwise specified herein.

c.

Building design. All new construction of a principal structure shall feature Colonial architecture with traditional colors in a manner consistent and compatible with the Great Bridge Battlefield and Waterways Visitors Center, as determined by the planning director or designee. The planning director shall obtain the recommendation of the Chesapeake historic preservation commission prior to the approval of any new construction within the Historic Battlefield Character District.

d.

Buffering. All landscape buffers and vegetation shall consist of native vegetation to complement and be consistent with historical arrangements, as set forth in the adopted Great Bridge Village Design Guidelines.

F.

South Gateway Character District.

a.

Intent. This area consists of a mixture of zoning uses and is intended to harmonize these uses by applying the design standards set forth in the adopted Transportation Corridor Overlay District to provide a continuous transition between the Great Bridge Historic Gateway Overlay District to the north and the Transportation Corridor Overlay (TCOD) District to the south.

b.

Development standards. Development in this district shall comply with the underlying zoning district and the adopted Transportation Corridor Overlay District, unless otherwise specified herein. In the event of a conflict, the standards set out below shall supersede any contrary zoning ordinance provision.

i.

Building Design. Applicable properties shall adhere to the design guidelines set forth in the adopted Transportation Corridor Overlay District policy.

1.

New construction of a principal structure shall comply with the following design standards, as determined by the Director of Planning or designee:

a.

Development shall be Southern Colonial, French Colonial, or Coastal Colonial, with thematically appropriate architectural elements and materials such as brick and stone masonry, stucco, wood shingle, wood clapboard, board and batten, or alternative materials that achieve the same style. Porches, stoops, and decks with decorative columns, railing, and spindles or balusters are encouraged. Windows shall include visually prominent sills, muntins, shutters, and other framing details. Use gabled or hipped roofs, or a combination thereof with chimneys, dormers, and other accentuating design features that articulate rooflines.

b.

Use of prefabricated corrugated metal panels, smooth-faced concrete block; and smooth-faced tilt-up concrete panels on façades of primary buildings facing Battlefield Boulevard South is prohibited, and may only be permitted on side and rear façades if screened from Battlefield Boulevard South. Façade color shall be low reflectance, subtle, neutral or earth tone colors. Brighter, trademark colors shall only be used as an accent color on no more than twenty (20) percent of the façade of the building. Rooftop mechanical units, flues, and vents shall be organized and screened.

c.

Outdoor furnishings and public amenities shall be consistent with the design themes set forth in the adopted Great Bridge Village Design Guidelines.

ii.

Buffer yards. All new construction of a principal structure shall install an enhanced landscape buffer consisting of twenty-five (25) percent more plant material than required along the property line abutting Battlefield Boulevard South, as determined by the city's landscape coordinator. All plant materials shall be native vegetation appropriate to the Southern Colonial theme, as set forth in the adopted Great Bridge Village Design Guidelines. Street buffer yards shall include a pedestrian feature to provide pedestrian connectivity throughout the corridor.

(Ord. No. 20-O-057, 6-16-20; Ord. No. 22-O-104, 10-18-22)

A.

In order to promote the development of an integrated and compatible appearance among the buildings located within the district, the exteriors of buildings located in the district may be altered only in accordance with the standards set out below.

B.

Improvements requiring site plan review.

1.

Where site plan review and approval is required under this zoning ordinance for a proposed site development within the district, the final site plan shall include all information required by the planning director, or designee, regarding the development standards, architecture, color and related characteristics of the buildings, structures and signs on the site, both as currently existing and as proposed, and their relationship to neighboring sites. The planning director, or designee, shall review and act upon the proposed architectural, color and related characteristics of the buildings, structures and signs on the site as part of the final site plan review process and shall use the standards and criteria set out in section 12-805 above.

2.

If aggrieved by the decision of the planning director or designee, the applicant may appeal to the planning commission and city council as provided for below.

C.

Improvements not requiring site plan review.

1.

No building or zoning permit shall be issued for any principal structure, accessory structure, fence or sign subject to this ordinance, as set forth in subsection 12-805(A) of this ordinance, until the planning director, or designee, determines that the requested permit complies with the development standards, architecture, color and other building design standards set forth in this ordinance. Any permit approved, including one issued for a temporary use, without the approval of the planning director, or designee shall not be valid.

a.

Any person proposing work that is subject to review and approval by the planning director, or designee, under this subsection shall provide to the planning director, or designee, all information which the director may require regarding the development standards, architecture, color and other characteristics of the buildings on the site.

2.

The regular exterior maintenance of a building, structure, or sign within the district shall not require review and approval by the planning director, or designee; provided that the following requirements are met:

a.

Exterior painting and signage shall conform to the color palette entitled, "Benjamin Moore Historical Collection." Any exterior paint color or signage that does not comply with the referenced color palette shall be subject to the review and approval of the planning director, or designee prior to painting.

b.

No more than a combined twenty (20) percent of the façade of the building and the sign shall be an accent color, as determined by the planning director, or designee.

3.

If aggrieved by the decision of the planning director, the applicant may appeal to the planning commission and city council as provided for below.

D.

Appeals. The determinations of the planning director, or designee, may be appealed by the applicant to the planning commission, upon timely filing of appeal with the director within thirty (30) days of the date of the director's decision. The planning commission shall hear such appeal as a site plan review item. The property affected shall be posted in the manner prescribed by ordinance for site plan applications. If aggrieved by the decision of the planning commission, the applicant may appeal directly to the city council; provided that such appeal is filed with the planning director, or designee, within thirty (30) days of the decision of the planning commission. If aggrieved by the decision of the city council, the applicant may appeal directly to the Chesapeake Circuit Court, as provided for in the Code of Virginia, 1950, as amended. Only the applicant shall have the right of appeal from decisions of the planning commission and city council.

(Ord. No. 20-O-057, 6-16-20; Ord. No. 22-O-104, 10-18-22)

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 the Great Bridge Historic Gateway Overlay District. Where a use is not listed, it shall not be allowed as a permitted or conditional use in these districts; provided, however, that in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use and such proposed use is also listed in the Standard Industrial Classification (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.

B.

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

C.

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

1.

Limited to dog grooming, pedigree record services for pets and showing pets only.

2.

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 of this ordinance:

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 agreement, a request for cooperative parking shall be included.

b.

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

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.

3.

See sections 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.

4.

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

5.

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

6.

See sections 13-900 et seq. for supplemental regulations.

7.

Operated in accordance with chapter 14, article VI (sections 14-271 et seq.) of the City Code.

8.

Auction rooms shall not be permitted in the Great Bridge Business Character District.

9.

No more than two thousand (2,000) square feet of floor area shall be devoted to laundering and finishing processes and no coal-burning or smoke-producing equipment shall be used.

10.

See sections 13-1504 et seq. for supplemental regulations.

11.

Raising animals for experimental purposes is excluded.

12.

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

13.

No such establishment shall be used for private gain.

14.

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

15.

A buffer yard "B," as defined in section 19-610, shall be provided where the home furnishing shop is located in the Great Bridge Business Character district borders properties zoned Assembly or Office and Institutional.

16.

Commercial establishments in which a principal or accessory use includes either or both (1) animal obedience training or other instruction and (2) animal grooming, including but not limited to shampooing, haircutting, flea treatment, or nail clipping shall comply with the following requirements set out below:

a.

All instruction or grooming activities, whether on-site or off-site, shall occur inside an enclosed building or yard that is completely enclosed by a fence or similar barricade.

b.

Where the site for such activity is located adjacent to property being used for residential purposes, no outdoor instruction activity shall be carried out earlier than 8:00 a.m. or later than 8:00 p.m.

17.

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

18.

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

a.

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

b.

The eating or drinking place is adjacent to the following:

i.

Property containing a church in a freestanding building;

ii.

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

iii.

Hospital in a freestanding building; or

iv.

Daycare center in a freestanding building.

c.

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

i.

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

ii.

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

19.

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

20.

Establishments selling alcoholic beverages shall comply with any and all rules and requirements of the Virginia Alcoholic Beverage Control Board.

21.

Goods may be produced for wholesale sale as an accessory use to retail activities, provided that all conditions set out in subsection 14-102.C.3 are met.

22.

Only city-sponsored farmers markets shall be permitted in the Historic Battlefield Character District. See sections 13-1405 et seq. of this ordinance for supplemental regulations.

23.

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

24.

See section 13-3100 of this ordinance for supplemental regulations.

D.

Mixed use dwellings in the Causeway Character District and the Great Bridge School Architectural Compatibility Zone. In addition to the permitted and conditional uses specified in the Table of Permitted and Conditional Uses below, a conditional use permit shall be required for residential uses on the upper floor levels of buildings located in the Causeway Character District and the Great Bridge School Architectural Compatibility Zone.

E.

Permitted and conditional uses for properties located within the Great Bridge Historic Gateway Overlay District:

1.

The inclusion of property within the Great Bridge Historic Gateway Overlay District shall not limit or prohibit any development of such property which is allowed under the zoning classification of that property subject to the conditions set forth herein.

2.

In addition to the permitted and conditional uses allowed for any lot located partially or wholly within the Great Bridge Historic Gateway Overlay District under that property's zoning classification, the uses in the table below shall also apply.

_____

F.

Table of permitted and conditional uses in the Great Bridge Historic Gateway Overlay District.

(Ord. No. 20-O-057, 6-16-20; Ord. No. 22-O-104, 10-18-22; Ord. No. 23-O-088, 8-15-23)