The following regulations are established in order to address more specifically certain uses or structures which are not adequately regulated by other provisions of this zoning ordinance. These supplemental regulations are to be interpreted and applied as additions to and not substitutes for the other applicable provisions of this zoning ordinance, unless the regulations specifically state otherwise.

In recognition of the fact that group housing developments for the elderly (including apartments, condominiums and similar multifamily developments) have more limited traffic and occupancy impacts than other multifamily developments, due to their reduced use of automobiles and lower number of occupants in each dwelling unit, the following provisions are established for such housing.

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

A.

Assisted living facility. A group residential setting that provides or coordinates personal and health care services, 24-hour supervision, and assistance for the care of the aged, infirm, or disabled. An assisted living facility shall constitute a type of medical care facility, as that term is defined in section 3-403 of this ordinance.

B.

Independent living facility. A group residential setting in which the residents are capable of performing the majority of daily living and instrumental activities of daily living for themselves without requiring the assistance of another person.

C.

Group housing for the elderly. Group housing for the elderly is defined as multifamily housing having the following characteristics:

1.

All group housing for the elderly facilities shall be in conformance with applicable federal, state and local codes and standards, specifically including the Housing for Older Persons (HOPA) exemption set out in Section 3607 of the Fair Housing Act, as amended.

Occupancy is limited to the following:

a.

Couples in which at least one person in each couple is fifty-five (55) years of age or older.

b.

Single persons who are fifty-five (55) years of age or older.

2.

Group housing for the elderly facilities located in the O&I (office and institutional) district shall comply with the following requirements:

a.

At least fifty (50) percent of the gross square floor area shall meet the definition of an assisted living facility or medical care facility, as the terms are respectively defined by this ordinance. Any remaining gross square floor area beyond the fifty (50) percent requirement cited above may be used as an independent living, assisted living or medical care facility.

b.

The conditional use permit application shall include the group housing for the elderly and medical care facility uses. Subject to approval by city council as part of a conditional use permit, a preliminary site plan depicting the layout of a group housing for the elderly facility located in the O&I (office and institutional) district shall be required and shall delineate the gross square floor area dedicated to group housing for the elderly and medical care facility uses.

3.

Subject to approval by city council as part of a conditional use permit, required parking space ratios for such housing development are less than those otherwise required for multifamily developments, down to a minimum ratio of one (1) parking space for each dwelling unit. Notwithstanding any other provision in this ordinance, any person granted a conditional use permit with a parking ratio of one (1) space per dwelling unit shall reserve and maintain land for future use for parking as follows:

a.

R-MF-1 and R-MF-2 zoning districts—The difference between two (2) spaces per dwelling unit and the number of paved parking spaces actually provided.

b.

O&I zoning districts—The difference between the number of spaces required by section 19-410 of this ordinance for O&I zoning and the number of paved parking spaces actually provided. City council may, as part of the conditional use permit, reduce the amount of reserved parking for O&I zoning districts upon sufficient assurances, through restrictive covenants or otherwise, that the proposed development will not be converted to a more intensive use.

Reserved parking areas shall be depicted on the preliminary site plan. The city may require that the reserved area be paved and otherwise improved for parking any time after the issuance of the use permit upon a finding that parking is not adequate to accommodate residents of the group housing complex. Such a determination shall be made only after public notice and hearing before the planning commission and city council that complies with the notice requirements for rezoning applications.

4.

Subject to approval by city council as part of a conditional use permit, the maximum density of dwelling units within the development is greater than that otherwise required for multifamily developments. In no event shall the maximum density exceed sixteen (16) dwelling units per acre where the property to be developed as group housing for the elderly is adjacent to property improved with one or more existing single-family detached residences, including property developed as detached condominiums and similar developments consisting of single-family detached dwelling units, but not including mobile homes or mobile home parks. For all other property, the maximum density which city council may approve shall be thirty-two (32) dwelling units per acre.

5.

The fire chief of the city shall review each group housing for the elderly's conditional use permit application, which shall include emergency management plans. After review, the fire chief may make recommendations to ensure a reasonable level of life safety and property protection from the hazards of fire, explosion or dangerous conditions and to provide safety to fire fighters and emergency responders. These recommendations may be made conditions of the conditional use permit by city council.

6.

Buildings constructed or used to accommodate group housing for the elderly on sites located adjacent to property improved with one or more existing single-family detached residences shall consist of a maximum of two (2) floors, excluding basement (below ground level) and attic space not used as dwelling units. The height of such buildings shall not exceed thirty-five (35) feet.

7.

The development otherwise complies with the requirements of this zoning ordinance for R-MF-1 multifamily housing, including open space requirements set out in 19-700 of this ordinance, regardless of whether the property is zoned R-MF-1, R-MF-2 or O&I. Notwithstanding the foregoing, however, the side and rear yard setbacks set out in subsection 9-302A.3.c. of this ordinance shall apply where the group housing for the elderly is located in an O&I (office and institutional) district and the side or rear yard in question is adjacent to unimproved residential property. If, however, the side or rear yard is adjacent to improved residential property, the setbacks for multifamily housing set out in subsection 6-1602A.3.b. shall apply.

(Ord. No. 96-O-087, 6-18-96; Ord. No. 98-O-137, 9-15-98; Ord. No. 18-O-030, 3-20-18)

Group housing for the elderly, as defined above, shall be permitted only in the R-MF-1 or R-MF-2 (residential multifamily) and O & I (office and institutional) districts, upon the granting of a conditional use permit by city council in accordance with the requirements of this zoning ordinance. The council may impose such conditions on such use permit as the council deems appropriate to ensure the development's compatibility with the surrounding community.

(Ord. No. 98-O-137, 9-15-98)

When a conditional use permit for group housing for the elderly has been issued in accordance with the above sections, such housing may not be changed to a use other than group housing for the elderly unless it fully conforms with all of the applicable requirements of the zoning district in which it is located.

All motor vehicle fuel supply stations, service stations and repair garages shall be subject to the requirements of chapter 14, article VI (section 14-271 et seq.), of the city Code, entitled "Service Stations and Garages," in addition to the requirements of this ordinance. Where a conflict exists between the provisions of this ordinance and chapter 14, article VI (section 14-271 et seq.), the more restrictive shall apply.

Notwithstanding anything to the contrary in this ordinance, the use of land for the placement, use, and storage of containers in the city is permitted only to the extent provided below. As used in this section, the term "shipping container" shall mean a portable, weather-resistant receptacle designed for and used in the multi-modal shipment of goods, wares or merchandise. Shipping containers shall have a measurement designation of at least one TEU (20 foot equivalent unit) The term "container" shall mean all self-contained storage receptacles, other than shipping containers as defined herein, including without limitation, receptacles not meeting the measurement designation of one TEU (20 foot equivalent unit); receptacles originally designed for the transport of goods (including those with a measurement designation of at least one TEU) but not currently used for such purposes; and trailers not classified as mobile homes under section 13-901 of this ordinance.

(Ord. No. 02-O-007, 1-15-02; Ord. No. 03-O-104, 9-16-03)

Editor's note— Ord. No. 02-O-007, adopted January 15, 2002, repealed and reenacted § 13-400 to read as herein set out. Formerly, § 13-400 pertained to cargo containers and trailers and derived from Ord. No. 94-O-069, adopted May 17, 1994, and Ord. No. 96-O-105, adopted July 16, 1996.

The use of land for the placement, use and storage of all containers other than shipping containers shall be authorized only as follows:

A.

Permitted uses. Containers are permitted as follows:

1.

Containers shall be permitted in industrial, business, office and institutional and agricultural zoning districts only, provided that they are used in support of a lawful principal use of the property. Notwithstanding this provision, the use of containers shall be permitted on an agriculturally zoned lot of at least three (3) acres, even if such lot does not have a lawful principal use, if the following requirements are met: i) the requirements of this section are satisfied; and ii) the number of containers on the agriculturally zoned lot does not exceed one (1) container for every three (3) acres of lot area; and iii) the containers are screened from the public right-of-way and adjacent properties as depicted on the approved final site plan; and iv) the containers shall not be utilized for a commercial use. Final site plan approval and conformance with setbacks and landscaping criteria of the zoning district in which the container is located shall be required. Containers stored on a property for no longer than four (4) months in a calendar year shall be exempt from site plan approval and principal building setbacks but shall be required to obtain a permit issued by the zoning administrator and comply with setbacks applicable to accessory structures in the zoning district in which the container is located. Notwithstanding anything to the contrary in this ordinance setbacks shall be measured from all abutting streets, whether publicly or privately owned.

2.

Notwithstanding anything to the contrary herein, containers may be placed, stored or used in all zoning districts in the city for i) the storage of construction-related materials in a temporary construction yard for which a permit has been issued under section 13-1503 of this ordinance, provided that the application for such permit contains express reference to the proposed use of the container for such storage purposes; ii) the temporary storage of construction-related materials in a public right-of-way where expressly authorized by the department of public works in conjunction with a governmental project; and iii) use in conjunction with an agricultural outdoor sales facility for which a permit has been issued in accordance with the criteria set out in section 13-1402 of this ordinance. No containers permitted under this subsection shall be stacked.

3.

Notwithstanding anything to the contrary herein, containers may be used for the temporary storage of paper, cardboard, magazines, glass, tin, aluminum and plastic intended to undergo recycling as part of a lawful recycling operation, subject to all applicable use and development criteria in this ordinance. No containers used to temporarily store recyclable goods shall be stacked.

4.

Notwithstanding anything to the contrary herein, containers may be used to store feed, grain, pesticides and other materials that support a bona fide agricultural use in the A-1 agricultural district, provided that such containers are sealed against leakage and are maintained in a sanitary and structurally sound condition.

5.

Containers may be stacked in industrial districts only, provided that a conditional use permit is first issued for stacking on any new areas of land, whether a new operation or an expansion of an existing footprint of lawfully stacked containers.

6.

Portable storage containers as defined and regulated in section 13-402.D.

B.

Conditional uses. Containers shall be conditional uses in industrial districts to the same extent and under the same circumstances as shipping containers as set out in sections 13-401.A.4. and 13-401.B. above.

C.

Prohibited uses. Unless expressly designated as a permitted or conditional use under this ordinance, the placement, storage and use of containers shall be prohibited. Additionally, all uses expressly prohibited for shipping containers in section 13-401.C. subsections 2-7 above shall also be prohibited for containers, except that the use of containers for the purposes described in section 13-402.A.2. and A.3. above may be permitted in all zoning districts subject to all applicable use, development and permitting criteria in this ordinance.

D.

Portable storage containers.

1.

Portable storage containers shall mean the following:

a.

Containers no larger in dimension than 8 ft x 8 ft 6 in x 16 ft and transported to a designated location for storage purposes within the time limitations set out below and not intended to enter the stream of commerce. If such a container is not transported to a designated location for storage or disposal within the time periods set out below, the container shall be considered a container under section 13-402.A-C of this ordinance set out above and the use and placement of the container must comply with the criteria set out in section 13-402.A-C of this ordinance.

b.

Containers designed or used on property zoned or used for residential property for the collection and hauling of waste or debris, including but not limited to roll-off containers or boxes and bin containers.

c.

Non self-propelled, fully enclosed trailers that are designed or used to transport goods, materials and equipment and are placed on property zoned or used for residential purposes. Trailers not classified as mobile homes under section 13-901 of this ordinance as referred to in section 13-400 of this ordinance shall not be construed to be portable storage containers and shall be regulated by section 13-402.A-C of this ordinance.

2.

The use of portable storage containers on property zoned or used for single-family or two-family residential purposes shall be permitted as an accessory use upon compliance with all of the following:

a.

No more than two (2) portable storage containers shall be located on a single lot or parcel of land.

b.

No other type of container or shipping container is located on the same lot or parcel of land.

c.

Portable storage containers as defined in section 13-402.D.1.a and c. of this ordinance shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: contractors' materials and equipment, solid waste, hazardous materials, explosives and unlawful substances and materials.

d.

Portable storage containers shall not remain on lots or parcels of land longer than sixteen (16) consecutive calendar days and no more than sixteen (16) calendar days per calendar year.

e.

The zoning administrator may approve an extension by permit up to seventy four (74) days beyond the time period set out in section 13-402.D.2.d upon determining all of the following:

i.

That a principal residential structure is damaged or dilapidated.

ii.

That the residential structure will undergo renovation, repair or reconstruction during the extension.

iii.

That a building permit has been issued for the renovation, repair or reconstruction, if required, and remains valid during the extension.

iv.

That the portable storage container will not be used to store nonresidential materials and equipment such as contractor's materials and equipment during the extension.

v.

The owner or occupant of the residential lot or parcel on which the portable storage container will be used applies for the permit and pays the permit fee established by city council in its annual budget ordinance.

vi.

That the portable storage container is placed and used in accordance with all criteria contained in section 13-402.D.

f.

Portable storage containers shall comply with the following setbacks:

i.

If a portable storage container is placed in the required front yard, then the portable storage container shall be located only in the area primarily used for vehicular ingress and egress and must have a ten (10) feet setback from the edge of the curb. If no curb exists, the portable storage container shall have a ten (10) feet setback from the edge of the pavement.

ii.

If a portable storage container is placed in the required rear or side yard, no setback shall be required except that no portable storage container shall encroach upon adjacent property.

g.

The owner of each portable storage container and the owner or occupant of a lot or parcel on which a portable storage container will be placed shall be jointly responsible for providing notice to the zoning administrator within twenty-four (24) hours of the placement. Notification shall be in accordance with the standards established by the zoning administrator and shall include at a minimum the name of the owner or occupant of the lot or parcel, the address of the lot or parcel, the duration of the initial placement up to sixteen days, unless a permit is issued under section 13-402.D.2.e., and an identification number contained on the outside of the portable storage container.

3.

The use of portable storage containers on property zoned or used for multi-family purposes shall be permitted as an accessory use upon compliance with the following:

a.

Portable storage containers are placed only within the area approved under section 6-1602.C.8.

b.

Each portable storage container shall not remain on the property for longer than sixteen (16) consecutive calendar days.

c.

Notice of the placement of a portable storage container is provided in accordance with section 13-402.D.2.g.

d.

The zoning administrator may approve an extension up to seventy-four (74) days in accordance with section 13-402.D.2.e.

e.

Portable storage containers as defined in section 13-402.D.1.a and c. shall not be used to store or transport nonresidential materials and substances, including but not limited to the following: contractors' materials and equipment, solid waste, hazardous materials, explosives and unlawful substances and materials.

f.

Section 13-402.D.3 shall not be construed to apply to the permanent location or placement of dumpsters approved as a component of a development site plan under article 18.

4.

The placement and use of portable storage containers on property zoned industrial, business, agricultural and office and institutional, other than as provided for in section 13-402.D.6, shall conform to the requirements contained in section 13-402.A. through C. The placement and use of portable storage containers on property zoned or used for residential purposes is unlawful unless the placement and use complies with the requirements of section 13-402.D.

5.

The business of leasing and storing portable storage containers as defined in section 13-402.D.1.a. may be conducted as a principal use in the industrial zoning districts without a conditional use permit if:

a.

Portable storage containers are not stacked outside of a completely enclosed structure, and

b.

No portable storage container is used to store solid waste, hazardous materials, explosives or unlawful substances and materials.

c.

If the requirements of section 13-402.D.6. cannot be satisfied, then the storage and stacking of portable storage containers must comply with regulations applicable to other containers set out in section 13-402. A. through C.

The business of leasing and storing portable storage containers as defined in section 13-402.D.1.b. and c. as a principal use shall comply with the requirements of the applicable zoning district criteria.

6.

The placement of an empty portable storage container, that is intended for sale or lease, in the industrial, business and office and institutional zoning districts as an accessory to a lawful principal use is permitted and shall not require a permit under section 13-402.D.4. upon compliance with all of the following:

a.

Only one portable storage container is located on the property outside a permanent enclosure or outside the permanent storage area approved by a conditional use permit.

b.

The location of the portable storage container is depicted on an approved preliminary site plan that demonstrates compliance with all of the following:

i.

The portable storage container must comply with the required principal building setbacks for the applicable zoning district.

ii.

The portable storage container does not encroach upon fire lanes, required parking and pedestrian walkways.

c.

The portable storage container is not used in a manner regulated by section 13-402.D.5., otherwise the use of the portable storage container must conform to the requirements contained in section 13-402.D.5.

d.

No other portable storage container, shipping container or other container is located on the property outside a permanent structure or outside a lawful permanent storage area.

e.

If the placement of an empty portable storage container cannot meet the requirements of section 13-402.D.7., then any placement or use is unlawful unless it complies with section 13-402.A. through C.

(Ord. No. 02-O-007, 1-15-02; Ord. No. 03-O-105, 9-16-03; Ord. No. 04-O-096, 6-15-04; Ord. No. 04-O-101, 7-13-04; Ord. No. 22-O-051A, 5-17-22; Ord. No. 22-O-090, 8-16-22)

A.

Licensing and building code requirements. All adult day care centers must comply with the licensing requirements of the Virginia Department of Social Services. All child care facilities shall comply with the licensing requirements of the Virginia Department of Education and the applicable structural requirements of the Virginia Uniform Statewide Building Code to comply with this zoning ordinance.

B.

Use permit required for child care operations which are not home occupations.

1.

Any child care facility operated other than as a home occupation meeting the requirements of this ordinance and located outside of the O & I (office and institutional) district shall require a conditional use permit. In certain circumstances, a child care facility operated as a home occupation may require a conditional use permit], as provided for in section 14-300 et seq.

2.

Any use permit application submitted for a child care facility shall include all information required to demonstrate that the proposed facility will meet all applicable licensure and building code requirements. The site plan for such application shall delineate play areas, fencing and other structures or features required for licensure.

C.

Use permit required for adult day care centers. A use permit shall be required for all adult day care centers. No such adult day care center shall be permitted to operate earlier than 7:00 a.m. or later than 8:00 p.m. Any use permit application submitted for an adult day care center shall include evidence that the proposed center will meet all applicable state licensure and building code requirements.

(Ord. No. 95-O-195, 10-17-95; Ord. No. 22-O-050, 5-17-22)

It shall be the responsibility of the owner/operator of a child care facility that is subject to state licensure to provide to the zoning administrator a copy of the facility's original license and all renewals thereafter and to notify the zoning administrator of any license expiration, suspension, revocation or denial within three (3) days of such event. Failure to do so shall be deemed willful noncompliance with the provisions of this zoning ordinance.

A.

Communication tower is defined as a tower or antenna which supports communication (broadcasting and/or receiving) equipment utilized by commercial, government or other corporate, public and quasi-public users. Towers include radio, television, cellular telephone, personal communication services (PCS), microwave and other similar communications facilities, satellite earth station and building-supported antennas which are more than twenty-two (22) feet in height, measured from the highest point of the roof of the building to which the antenna is attached. The towers may be self-supporting or guy-supported. The regulations set out below do not apply to the following: (1) amateur radio communications antennas; (2) antennas and dishes limited exclusively to home use; (3) dish antennas two (2) meters or less in diameter in areas zoned for commercial or industrial use and dish antennas one (1) meter or less in diameter regardless of zoning; (4) towers and antennas used as accessory structures in industrial zoning districts, which meet the height restrictions in section 14-600 of this ordinance; and (5) towers owned by the city. All communication towers shall be classified as an administrative review-eligible or standard process project, as defined below.

1.

Project means (i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure or (ii) the co-location on any existing structure of a wireless facility that is not a small cell facility. "Project" does not include the installation of a small cell facility by a wireless service provider or wireless infrastructure provider on an existing structure to which the provisions of subsection 13-602(B)(8) of this ordinance apply.

a.

Administrative review-eligible project means a project that provides for: 1) The installation or construction of a new wireless support structure, as defined below, that is no more than fifty (50) feet above ground level, provided that the structure with attached wireless facilities is (i) not more than ten (10) feet above the tallest existing utility pole located within five hundred (500) feet of the new structure within the same public right-of-way or within the existing line of utility poles; (ii) not located within the boundaries of a local, state, or federal historic district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than thirty-five (35) percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) the new wireless support structure is designed to support small cell facilities; or 2) The co-location on any existing structure of a wireless facility that is not a small cell facility.

b.

Standard process project means any project other than an administrative review-eligible project. All such projects shall require a conditional use permit in accordance with this ordinance.

B.

Building-supported antenna is defined as one (1) or more antenna affixed to a building or structure more than fifty (50) feet in height for purposes of supporting broadcast or receiving equipment of any frequency or electromagnetic wave, or any similar system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves.

C.

Co-locate means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, existing structure, utility pole, or wireless support structure. For purposes of this ordinance, "co-location" shall have the same meaning.

D.

Communication small cell facility is defined as a wireless facility, that provides and extends wireless communications systems' service coverage and increases network capacity. Communication small cell facilities, including any antennas and reasonably required mounting and mechanical equipment, that are attached to existing wireless support structures or other existing poles, buildings or structures shall not be mounted to exceed a maximum height of fifty (50) feet above ground level. Communication small cell facilities shall meet the following qualifications: 1) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet; and 2) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty eight (28) cubic feet, or such higher limit as established by the Federal Communications Commission in accordance with Virginia Code Section 15.2-2316.3, 1950, as amended. The following types of associated equipment are not included in the calculation of equipment volume calculation: electric meters, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

E.

Micro-wireless facility is defined as a small cell facility that is no larger than twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, no longer than eleven (11) inches.

F.

Wireless support structure means a freestanding structure, such as a pole, pole-like structure, monopole, tower, either guyed or self-supporting, or suitable existing structure or alternative structure designed to support or capable of supporting wireless facilities. "Wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

G.

New structure means a wireless support structure that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.

H.

Existing structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to a locality or the Department of an agreement with the owner of the structure to co-locate equipment on that structure. It includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers. It shall also include the replacement of a structure, located within a six (6) foot perimeter of the original placement of the structure, with structures that are the same size or smaller.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 09-O-005, 1-20-09; Ord. No. 15-O-107, 8-18-15; Ord. No. 17-O-085, 12-19-17; Ord. No. 19-O-076, 6-18-19)

Editor's note— Ord. No. 17-O-085, adopted December 19, 2017, provides for an effective date retroactive to July 1, 2017.

A.

Setback requirements where communication tower does not meet certain structural standards. If the communication tower is not required to meet the structural requirements set out in EIA-222-F, "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures," published by the Electronic Industries Association, effective June 1996, as the same may from time to time be amended or revised, and, in fact, the communication tower does not or will not meet such structural requirements, then the minimum setback requirement from the base of the tower to all property lines and to any public right-of-way, shall be equal to one hundred and ten (110) percent of the height of the tower.

B.

Setback from existing residential structures. No communication tower, ancillary equipment or accessory structure may be located closer than two hundred (200) feet or one hundred ten (110) percent of the proposed tower height, whichever is greater, from an existing residential structure, regardless of the zoning district in which the structure is located.

C.

Setback from streets. The minimum required setback from the base of a communication tower, and from any portion of ancillary equipment or an accessory structure to any street or right-of-way owned by the city or by the Commonwealth of Virginia shall be one hundred (100) feet.

D.

Setbacks from property lines. The minimum setback requirements from the base of the communication tower, and from any portion of ancillary equipment or an accessory structure, to any property line abutting property zoned or used for residential purposes shall be fifty (50) feet; provided that a greater setback may be specified by the city council, or in the case of preliminary site plan approval by the planning commission, due to identifiable site specific characteristics. For property lines abutting nonresidential zoning, the minimum setback requirements, as measured from the base of the communication tower, and from any portion of ancillary equipment or an accessory structure, shall be a minimum of twenty-five (25) feet, unless a greater setback is specified by the city council or in the case of preliminary site plan approval, by the planning commission, due to identifiable site specific characteristics. The minimum setback for guy wire supported communication towers shall be equal to forty (40) percent of the tower height, as measured from the base of the tower to the lot line unless a greater setback is required by the city council or in the case of preliminary site plan approval, by the planning commission, where deemed necessary due to identified site specific characteristics.

E.

Greater setbacks as condition of use permit or site plan approval. Greater setbacks from structures, streets and property lines may be required by city council as a condition of approving a conditional use permit for a proposed communication tower or by the planning commission in approving a preliminary site plan, where deemed necessary due to identified site specific characteristics.

F.

[Additional regulations.] In no event shall a lot be created around an existing communication tower with setbacks less than those required under this section, regardless of the lot area required to meet such setbacks.

G.

[Equipment associated with collocations on Virginia Power transmission towers.] Equipment associated with collocations on Virginia Power transmission towers shall be exempt from all setback requirements provided that all equipment associated with the collocation is located within property owned by Virginia Power and is screened from view from any residence or public road by appropriate vegetation subject to approval by the director of development and permits, or designee.

H.

[Setbacks of ancillary equipment.] Setbacks of ancillary equipment for approved collocation on an approved tower shall not apply as long as the equipment is located within the existing compound as approved on the final site plan for the tower. This provision shall not apply to collocations involving an increase in tower height under section 13-602.B.3.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 98-O-159, 10-20-98; Ord. No. 09-O-005, 1-20-09; Ord. No. 10-O-127, 10-19-10)

Individual district requirements for minimum lot area and lot width notwithstanding, the following requirements for communication tower sites shall apply in all districts where they may be authorized as a conditional use or a permitted use, unless otherwise provided for in another section of this ordinance. As used in this section, the term "lot" shall include leased premises, designated by lease lines, within a lot of record.

A.

Minimum lot area. Communication towers shall only be placed on a lot having a minimum area of two thousand (2,000) square feet, provided that if the communication tower or antenna is located on municipal property there shall be no minimum lot area. The planning commission may approve a minimum lot area less than two thousand (2,000) square feet if the applicant is able to establish to the commission's satisfaction that all criteria and standards contained in this ordinance can be met within the proposed lot or leased area.

B.

Minimum lot width. The minimum lot width for all communication tower sites shall be fifty (50) feet measured at the tower location.

C.

[Reserved.]

D.

Height limitations.

1.

A holder of a conditional use permit shall not construct a communication tower or antenna in excess of one hundred ninety-nine (199) feet in height, measured from grade, except that communication towers constructed in industrial zoning districts as an accessory structure to a principal building and communication towers located in rural overlay districts may be constructed up to a height of five hundred (500) feet, as measured from grade, upon issuance of a conditional use permit by city council specifying the precise maximum height permitted. Only one (1) communication tower over one hundred ninety-nine (199) feet in height shall be permitted on a single lot or leased area in an industrial zoning district.

2.

Notwithstanding the foregoing, communication towers existing under a valid conditional use permit may be extended in height as follows:

(a)

A twenty-five percent (25%) extension may be approved administratively in accordance with, and subject to the conditions of, section 13-602B.3.(a) of this ordinance, provided that the communication tower, as extended, does not exceed the height restrictions in paragraph D.1. above.

(b)

Where the height restrictions in section 13-604D.1. cannot be met, a ten percent (10%) extension will be permitted under the conditions set out for administrative approval in section 13-602B.3.(b) of this ordinance, provided that the communication tower, as extended, does not exceed five hundred (500) feet in height. No more than one (1) increase in the height of a communication tower is permitted under this subsection.

(c)

As used in this subsection, the term "extension" shall include replacement of a communication tower existing under a valid conditional use permit.

3.

Section 19-205 of this ordinance shall not apply to communication towers.

E.

Communication tower and monopole design. Unless the applicant is able to establish to the satisfaction of the planning commission and/or city council that design and construction costs would be prohibitive, or that other mitigating factors exist, all communication towers shall be designed and constructed to accommodate at least two (2) cellular providers. The communication towers shall also be designed to be as unobtrusive as possible to reduce their visual impact.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-157, 10-15-96; Ord. No. 97-O-101, 8-19-97; Ord. No. 98-O-159, 10-20-98; Ord. No. 09-O-005, 1-20-09)

A.

Painting and finish on towers.

1.

Communication towers two hundred (200) feet or less in height shall have a galvanized finish, be painted silver, or be a natural grey in color. However, if any regulation of the Federal Aviation Administration contradicts this requirement, then that regulation shall govern.

2.

Communication towers more than two hundred (200) feet in height shall be painted in accordance with regulations of the Federal Aviation Administration.

3.

No signs shall be placed on a communication tower if visible beyond the site on which the tower is located.

4.

Stealth towers shall be maintained in substantially the same condition as when first built for as long as the tower is standing.

B.

Illumination of communication towers. Communication towers shall be illuminated as required by the Federal Aviation Administration. However, no lighting shall be incorporated if not required by either of those agencies, or specified by the city council as a condition of the use permit, or by the planning commission or planning director in the approval of a site plan.

C.

Parking. A minimum of two (2) paved parking spaces shall be required for each communication tower. Additional parking spaces may be required in cases where the planning director determines that they are needed due to factors such as multiple use. Such parking spaces may be constructed of an alternative paving surface.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 09-O-005, 1-20-09; Ord. No. 18-O-028, 3-20-18)

A.

In general.

1.

All screening and landscaping required under this section shall be installed entirely within the lot of record or the leased premises, whichever is applicable, on which the communication tower is to be located.

2.

For communication towers two hundred (200) feet or less in height, at least one (1) row of evergreen shrubs capable of forming a continuous hedge at least five (5) feet in height shall be provided, with individual plantings spaced not more than five (5) feet apart, and at least one (1) row of evergreen trees with a minimum caliper of one and three-fourths (1¾) inches at the time of planting and spaced not more than twenty-five (25) feet apart shall be provided, within the boundaries and along the perimeter of, the lot of record or the leased premises, whichever is applicable.

3.

For communication towers more than two hundred (200) feet in height, in addition to the requirements for landscaping set out above, one (1) row of deciduous trees, with a minimum caliper of two and one-half (2½) inches at time of planting and spaced not more than forty (40) feet apart, shall be provided within the boundaries and along the perimeter of, the lot of record or the leased premises, whichever is applicable.

B.

Special circumstances. In lieu of the above requirements, in special cases, including cases where a required tree would be closer to the communication tower or to a guy wire supporting the tower than the height of the tree at maturity, the applicant may prepare a detailed plan and specifications for landscape and screening, including, but not limited to, plantings, fences, walls and topography to screen communication towers and accessory structures. The plan may deviate from the requirements set out in subsection A. and/or B. above, provided that the code compliance manager or designee determines that the alternative arrangement provides the same degree of screening.

C.

Installation requirements.

1.

All required landscaping shall be installed according to established planting procedures using good quality plant materials.

2.

Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan as certified by an on-site inspection by the city. When the occupancy of a structure is desired prior to the completion of the required landscaping, a temporary certificate of occupancy may be issued, in accordance with the terms of section 19-604 of this ordinance. All required landscaping must be installed and approved by the first planting season following issuance of the temporary certificate of occupancy.

3.

The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing unhealthy or dead plant materials within one (1) year or by the next planting season, whichever comes first. Replacement material shall conform to the original intent of the landscape plan.

D.

Landscaping requirements not waived. The above screening requirements shall not serve as an automatic waiver of landscaping requirements which may be otherwise required for a site under article 19 of this ordinance. Modifications or waivers of such landscaping requirements may be provided by the planning director or the planning commission, as may be applicable, as provided for in article 19. Requests for modifications or waivers of landscaping requirements shall not include reductions in the setback area set aside for landscaping unless the planning commission or planning director finds that the applicant will, due to a unique condition of the land, suffer undue hardship, other than financial in nature, in having to maintain landscape buffers in strict accordance with this ordinance.

E.

Existing vegetation within the leased area may be substituted for required new plant material at the discretion of the director of development and permits, or designee.

F.

In cases where a tower is located on an existing paved area where there is no un-paved land available for landscaping within the leased area, required screening may be achieved by the existing buffer yard at the property line or as supplemented at the property line to provide the desired screening subject to approval by the director of development and permits, or designee.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 04-O-011, 1-20-04; Ord. No. 09-O-005, 1-20-09; Ord. No. 10-O-127, 10-19-10)

A.

Communication tower subject to reinspections. All communications towers shall be subject to periodic reinspection by the director of development and permits, or designee.

B.

Changes in conformity with Virginia Uniform Statewide Building Code. If any additions, changes or modifications are to be made to the structural characteristics of an approved tower, the code compliance manager or designee shall have the authority to require proof, through the submission of engineering and structural data, that the addition, change or modification conforms to structural wind load and all other requirements of the Virginia Uniform Statewide Building Code.

C.

Cessation of use. Any person owning or operating a communication tower shall remove all structures and facilities from the site on which the tower is located, including, but not limited to, towers, monopoles, antenna, buildings and equipment, within one (1) year of cessation of all use of the tower site for communication purposes. The owner, operator, or lessee shall restore the site as closely as possible to its original condition, except that landscaping and vegetation shall be left in its natural state.

(Ord. No. 96-O-139, 9-10-96; Ord. No. 04-O-011, 1-20-04; Ord. No. 10-O-127, 10-19-10)

Where the above requirements conflict with the regulations of the Federal Communications Commission or the Federal Aviation Administration, the federal requirement shall govern.

(Ord. No. 96-O-139, 9-10-96)

In addition to any other applicable requirements of this zoning ordinance, all airports and helistops shall be subject to the following requirements.

No facility shall be deemed approved for construction or use unless the site plan for such facility meets all requirements of the Federal Aviation Administration and the agency of the commonwealth of Virginia having jurisdiction over the facility.

No refueling or mechanical repair operations shall be allowed as part of the regular activities of a helistop. All functions shall be limited to the onloading and offloading of passengers.

No structure or area occupied by animals in a kennel, veterinary clinic or animal hospital shall be closer than five hundred (500) feet from the lot line of any property zoned or used for residential purposes. Where such structures are soundproofed and air conditioned, the minimum distance shall be two hundred (200) feet. The planning commission may approve a shorter distance at the time of site plan approval for such a facility, subject to such soundproofing and buffering measures as the commission may require.

A.

The provisions of this section shall apply to uses listed as permitted in the tables of permitted and conditional uses.

B.

Excepting kennels restricted to daytime hours only, animals shall be confined in an enclosed building from 9:00 p.m. to 7:00 a.m.

C.

Veterinary services including a kennel use shall be permitted; provided that the requirements below are met. If a use cannot comply, then a conditional use permit shall be required.

1.

No more than twenty-five (25) percent of the gross floor area of the business shall be used for the kenneling or boarding of animals;

2.

Kennels with a dedicated fenced outdoor area used for outdoor runs or exercise shall also comply with the following requirements:

a.

The primary use shall be conducted within a freestanding structure that does not share any walls, floors, or ceilings with any other business; and

b.

The entire area dedicated to outdoor runs or exercise shall be enclosed by an opaque fence meeting the requirements of section 14-200 et seq. of this zoning ordinance. The fence shall be constructed of quality materials consistent with architectural character of the immediate area, as determined by the director of planning or designee;

c.

The fenced area shall be setback a minimum of fifty (50) feet from any property line that is not adjacent to a street;

d.

Dogs shall be supervised at all times by an attendant; and

e.

Shall be cleaned and sanitized at least once a day with cleaners formulated for kennel use.

D.

Kennels providing services only during the daytime hours shall be required to comply with the following regulations. If the use cannot comply, then a conditional use permit shall be required.

1.

Hours of operation shall be limited to 6:00 a.m. to 7:00 p.m., seven (7) days a week.

2.

The primary use shall be conducted within a freestanding structure that does not share any walls, floors, or ceilings with any other business.

3.

Areas used for outdoor runs or exercise shall comply with the following:

a.

Shall be setback a minimum of fifty (50) feet from any property line that is not adjacent to a street;

b.

Shall be enclosed by an opaque fence meeting the requirements of section 14-200 et seq. of this zoning ordinance. The fence shall be constructed of quality materials consistent with architectural character of the immediate area, as determined by the director of planning or designee;

c.

Dogs shall be supervised at all times by an attendant; and

d.

Shall be cleaned and sanitized a minimum of once daily with cleaners formulated for kennel use.

(Ord. No. 21-O-111, 10-19-21)

Editor's note— Ord. No. 21-O-111, adopted October 19, 2021, amended section 13-802 in its entirety to read as herein set out. Formerly, section 13-802 pertained to restrictions on outdoor areas and activities, and derived from original codification.

For the purpose of this section, the following definitions shall apply:

A.

Mobile home. Mobile home shall mean any transportable structure subject to federal regulation which has the following characteristics:

1.

It is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode or is 320 or more square feet in floor area when erected on-site.

2.

It is built on a permanent chassis.

3.

It is designed for use as a single-family dwelling or other human occupancy, with or without a permanent foundation when connected to the required utilities.

4.

It includes the plumbing, heating, air conditioning and electrical systems contained in the structure.

Travel trailers and other vehicles not meeting the requirements set out above shall not constitute mobile homes for the purposes of this ordinance and shall not be treated as such; provided, however, that such vehicles and similar structures may be treated as mobile homes only when used as offices quarters and sales offices under section 13-903 of this ordinance.

B.

Freestanding mobile home. Freestanding mobile home shall mean a mobile home which is not located in a mobile home park.

A.

Mobile homes over nineteen feet in width used as single-family dwelling. The placement of a freestanding mobile home which is nineteen (19) or more feet in width, on a permanent foundation, on an individual lot or parcel, shall be permitted in all agricultural zoning districts to the same extent and subject to the same standards and conditions as conventional, site-built single-family dwellings located in agricultural zoning districts.

B.

Other freestanding mobile homes used as a dwelling; use permit requirement. Any freestanding mobile home of lesser width may be authorized, through issuance of a conditional use permit, on property in agricultural zoning districts on which no principal residential structure has been erected, only if it meets the following requirements, in addition to any other requirements that city council may impose as a condition of the use permit:

1.

The mobile home is located on the property for the purpose of providing a residence to the property owner or to members of the owner's immediate family; and

a.

The mobile home is occupied by not more than one family and is not used for rental purposes; and

b.

The lot on which the mobile home is located is at least twenty (20) acres in size; and

c.

The mobile home is set back a minimum of two hundred (200) feet from any adjoining public street reservation or right-of-way, as may be applicable, and four hundred (400) feet from any other residential building existing at the time the mobile home is placed.

d.

The sewage disposal system for the mobile home is approved by the health department.

2.

The property is used exclusively for agricultural purposes; and

a.

The mobile home is located upon the property for purposes of providing shelter or office quarters for fulltime farm employees; and

b.

Where used to provide shelter for fulltime farm employees, not more than one (1) family (or five (5) unrelated persons, as permitted in the definition of "family" in this zoning ordinance) occupy the mobile home; and

c.

The mobile home is removed from the property upon cessation of farming operations for any period in excess of six (6) months; and

d.

A maximum of two mobile homes, situated at least fifty (50) feet from each other, are located upon any single tract of land; and

e.

The minimum lot size and setback requirements set out in subsection (1) above are met.

C.

Mobile home on same lot with principal residential building; conditional use permit requirement. Any freestanding mobile home may be authorized, through conditional use permit, on the same lot with a principal residential building located on land in an agricultural zoning district, only if it meets the following requirements, in addition to any other requirements that city council may impose as a condition of the use permit:

1.

The lot on which the principal building and mobile home are located is a minimum of two (2) acres in size; and

2.

The mobile home is located to the rear of said lot and does not encroach upon the required yards or open space for the principal building; and

3.

The mobile home is located behind the established front yard of each adjoining lot; and

4.

The mobile home is located at least four hundred (400) feet from any other residential building existing at the time the mobile home is placed; and

5.

The mobile home is occupied only by persons who are members of the same family residing in the principal building; and

6.

The mobile home is not occupied by more than one (1) family; and

7.

The method of sewage disposal for such mobile home is approved by the health department;

8.

Where the mobile home is placed on the same lot as the principal building for the sole purpose of providing housing for an elderly (sixty years of age or older) or medically disabled member of the family which resides in the principal building, city council, if it issues a conditional use permit for the mobile home, may in such permit provide for the following modifications in the above requirements:

a.

The minimum size of the lot is one (1) acre rather than two (2) acres; and

b.

Where the minimum distance required by this subsection between the mobile home and other residential buildings would necessitate that such home be set back from the principal building so far that it would significantly affect the provision of adequate care and supervision to the elderly or medically disabled resident of the mobile home, city council may reduce the required distance to the extent necessary to ensure adequate supervision.

Such modifications may be made only where city council finds that the arrangement of the home with such modifications is in conformity with the character of the neighborhood of which the lot is a part and shall be subject to the condition that all other requirements of this zoning ordinance are met. Further, such modifications shall be valid and in effect only for so long as the mobile home is used solely for the purpose stated above. Any applicant seeking such modifications shall provide written evidence of the need for such.

A.

Temporary office quarters during construction. A permit for a temporary freestanding mobile home (including office trailers, as provided for in section 13-901(A) above), to be used for office quarters while the construction of the principal building is being planned and completed or as temporary office quarters for firms engaged in the construction of buildings, structures or public improvements and related temporary trucking operations, may be issued by the zoning administrator for a period of eighteen (18) months or less, provided that all other requirements of this zoning ordinance are met. No mobile home or office trailer permitted under this subsection shall be located on the same lot as a principal building unless the principal building is under construction. Off-street parking shall be required at a ratio of one space for the first 200 square feet of the gross floor area of the mobile home or office trailer and one space for every additional 200 square feet of gross floor area, or portion thereof. Notwithstanding section 19-406 of this ordinance, such off-street parking may be graveled in lieu of pavement except as may otherwise be required for handicapped parking. Such temporary permit may be renewed for additional periods of twelve (12) months upon a clear showing of necessity.

B.

Sales office for residential development. A permit for a temporary freestanding mobile home, to be used as the sales office for the residential subdivision or development in which it is placed, may be issued by the zoning administrator for a period of twelve (12) months, provided that all other requirements of this zoning ordinance are met. Off-street parking shall be provided at a ratio of one space for the first 200 square feet of the gross floor area of the mobile home and one space for every additional 200 square feet of gross floor area, or portion thereof. Such off-street parking shall be paved in accordance with section 19-406 of this ordinance. Such mobile home may be used for both office quarters for the construction of the development and for sales activities, provided that all criteria in this subsection are met. No mobile home permitted under this subsection as a sales office or as a combination sales office and construction office quarters shall be located on the same lot as a principal residential dwelling unit, whether such dwelling unit is under construction or completed. A permit issued under this subsection may be renewed for additional periods of twelve (12) months until certificates of occupancy have been issued for seventy-five (75) percent of the dwelling units in the subdivision or development.

C.

Temporary housing when residence damaged. When fire or natural disaster has rendered a single-family residence unfit for human habitation, the zoning administrator may issue a permit to allow the temporary use of a freestanding mobile home located on the single-family lot during rehabilitation of the original residence or construction of a new residence, subject to required water and sanitary facilities being provided to the mobile home. Such permit shall be effective for a period of six (6) months or until a certificate of occupancy is issued for the permanent structure, whichever occurs first.

D.

Residence for security personnel on industrial site. A conditional use permit may be issued by city council to authorize the placement of one freestanding mobile home on property zoned for industrial uses, for the purpose of providing a residence for security personnel. Such permit shall be for a period of two (2) years, renewable for successive two-year periods as deemed necessary. In addition to any conditions city council may impose as part of the conditional use permit, such mobile home shall be located at least one hundred (100) feet from any property that is zoned or used for residential purposes. The permit shall automatically terminate at such time as the principal operation at the site is discontinued.

E.

Mobile homes as portable classrooms. The use of mobile homes as portable classrooms for public and private schools is addressed in section 13-2000 et seq. of this article.

(Ord. No. 00-O-115, 10-17-00; Ord. No. 17-O-081, 11-21-17)

Construction, siting, installation and skirting of mobile homes shall be in conformance with applicable federal, state and local codes and standards.

Because of the special problems related to mobile home communities, including parks and subdivisions, that are not necessarily associated with other subdivision developments, it is necessary to provide for a separate ordinance relating to their construction in order to: (1) promote the safety and health of the residents of such communities and other nearby areas; (2) encourage economical and orderly development of such communities.

A.

Preliminary park development plan. Proponents of a mobile home park development shall submit a preliminary site development plan to the planning commission for its review and action. Such site plan shall comply in all respects with the requirements of this zoning ordinance and of chapter 70 of the city Code and shall include:

1.

The area and dimensions of the tract of land.

2.

The location of all proposed physical improvements, including mobile home lots, stands, streets, parking, pedestrian ways, landscaping, buffers and any other information that may be required by the planning commission for its review.

B.

Final park development plan. After approval of the preliminary park development plan by the planning commission, the applicant shall submit a final development plan to the director of public works for approval. Such final plan shall comply in all respects with the requirements of this zoning ordinance and of chapter 70 of the city Code.

A.

Compliance with subdivision and zoning ordinances. Proponents of a mobile home subdivision, including those wishing to subdivide an existing mobile home park, shall submit plans and plats as required by chapter 70 of the city Code and this zoning ordinance. Such plans and plats shall conform to the standards of these ordinances except as otherwise provided below.

B.

Rental area. In all mobile home subdivision plans and plats, at least twenty percent of the total area shall be incorporated into a single lot or several large parcels which may be developed as rental space for mobile homes. Such lot or lots shall be clearly labeled "Not to be further subdivided." The development plan for such lot shall be included in the subdivision plans and plats submitted.

A.

Minimum area. The minimum area for a mobile home park or mobile home subdivision shall be ten acres, not including water or other undevelopable areas.

B.

Lot size. No lot, whether a subdivided space or a developed rental space, shall have an area of less than 3,500 square feet, and the average size of such lots in any mobile home park or subdivision shall be no less than 4,500 square feet.

C.

Minimum building setbacks.

1.

All setbacks shall be measured from the nearest corner or wall of the mobile unit to the appropriate property line.

2.

No building may be located closer than 25 feet from any exterior property line not a part of the mobile home development or 30 feet from any public street right-of-way line or 20 feet from the curb or edge of pavement of any street not a public street.

D.

Minimum distance between buildings. On lots designed in the typical shape of a cul-de-sac, the front end of the mobile unit may have a side yard of no less than six (6) feet. In all other instances, there shall be a distance of sixteen (16) feet between mobile units.

E.

Accessory uses.

1.

A storage unit shall not exceed 100 square feet in floor area and shall be limited to one per mobile home unit. No storage unit shall be closer than 5 feet from any property line.

2.

Porches, decks, patios or cabanas shall be set back 15 feet from front property lines and 5 feet from side property lines.

F.

Parking.

1.

There shall be provided two off-street parking areas not less than 9 feet by 18 feet each for each mobile home. In addition, there shall be one off-street parking space for every five mobile homes for use by guests, visitors, service or delivery, clearly marked as such. Provision shall be made for maintenance of such additional parking by a property owners association or by such other means as the city council may approve.

2.

The above parking requirement may be waived if on-street parking is provided on streets designed to accommodate side parking and two standard lanes of traffic.

G.

Lot coverage. Maximum lot coverage by mobile homes, their carports or garages and accessory buildings and uses shall not exceed 50 percent.

H.

Buffers. A sight-obscuring buffer shall be constructed around the entire mobile home development. This buffer shall be a part of the site plan.

I.

Installation and skirting. Construction, siting, installation and skirting of mobile homes shall be in conformance with applicable federal, state and local codes and standards.

J.

Open space. A minimum of 20 percent of the gross area of the site or subdivision shall be in common open space. This space may include recreation buildings and equipment and shall be exclusive of the lot area. Provision shall be made for the maintenance of such open space by a property owners association or by such other means as the city council may approve.

K.

Streets. Streets to be dedicated to the city for maintenance shall comply with all city requirements. Streets to remain private shall comply with the requirements of the department of public works and shall provide for perpetual private maintenance.

L.

Street lighting. Streetlights shall be installed within the mobile home park subdivision as prescribed by the department of public works.

M.

Storm drainage. A storm drainage plan shall be approved by the department of public works.

N.

Utilities. All utilities shall be installed underground within the park or subdivision and shall meet all applicable building, plumbing, electrical, health and engineering codes and standards.

In zoning districts in which a mobile home park or mobile home subdivision is a conditional use, placement of such a development shall be subject to the approval of city council, which may impose, as a condition of approval, such additional requirements and safeguards as it deems necessary to ensure compatibility with surrounding uses, pursuant to the provisions of article 17 of this zoning ordinance.

It is the intent of the city council to adopt regulations restricting the location of such commercial enterprises in order to promote the city's interest in protecting and preserving the quality of its neighborhoods, commercial districts and the quality of life through effective land use planning, based upon the following findings:

A.

Areas where children could be expected to walk, patronize or recreate should be free of such land uses.

B.

Such land uses should not be located in areas of the city in close proximity to residential uses, churches, day care centers, parks, schools and other public facilities and, if so located, could lead to increased levels of criminal activities.

C.

Regulations of such land uses should be developed to prevent deterioration and/or degradation of the vitality of the community before the problem exists, rather than in response to an existing problem.

D.

Location of such land uses in proximity to churches and other religious facilities may have an adverse effect upon the ministry of such institutions and may discourage attendance to same.

E.

Location of such land uses in proximity to public or private schools could cause a detrimental effect on the quality of education children receive, particularly younger children, by causing distraction through the viewing of such businesses and indirect or direct contact with patrons who frequent same.

F.

Location of such land uses in proximity to residential areas can contribute to the impairment of the character and quality of the same and the value of surrounding properties.

For the purpose of this section, the words and phrases used herein shall have the following meanings, unless otherwise clearly indicated by the context:

A.

Sexually oriented business shall mean any premises which the public patronizes or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member, when such adult entertainment is held, conducted, operated or maintained for a profit, directly or indirectly. A sexually oriented business further includes, without being limited to, any adult bookstores, adult motion picture theaters, adult mini-motion-picture establishments, adult cabarets, adult entertainment studios or any premises that is physically arranged and used as such, whether advertised or represented as an adult entertainment studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.

B.

Adult bookstore means an establishment having as more than 25 percent of its stock and grade in books, films, videocassettes (whether for viewing off premises or on premises) or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.

C.

Adult motion picture theater means an enclosed building with a capacity of fifty (50) or more persons regularly used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

D.

Adult mini-motion-picture theater means an enclosed building with a capacity of less than fifty (50) persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.

E.

Adult cabaret means a cabaret which features seminude dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.

F.

Adult entertainment means any exhibition of any adult oriented motion pictures, live performance, display or dance of any type, which has as a significant or substantial portion of such performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomime, modeling or any other personal service offered customers.

G.

Specified sexual activities means:

1.

Human genitals in a state of sexual stimulation or arousal;

2.

Acts of human masturbation, sexual intercourse or sodomy;

3.

Fondling or erotic touching of human genitals, pubic region, buttock or female breast.

H.

Specified anatomical areas means:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttocks;

c.

Female breasts below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely or opaquely covered.

I.

Person means any individual, partnership, corporation, association, proprietorship or other legal entity.

J.

Religious institution means a building in which persons regularly assemble for religious worship intended primarily for purposes connected with such worship or for propagating a particular form of religious belief.

A.

No operation within 1,000 feet of certain places. No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of a preexisting:

1.

Public or private school;

2.

Licensed day care center;

3.

Public park;

4.

Religious institution;

5.

Boundary of a residential district as defined by this chapter; or

6.

Sexually oriented business.

B.

Method of measurement. For the purpose of subsection (A) above, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the other specified use or district.

This section and every provision thereof shall be deemed severable, and the invalidity of any subsection, clause, paragraph, sentence or provision of the section shall not affect the validity of any other portion of this section.

A.

Excavation, extraction and mining operations.

1.

Excavation, extraction or mining of sand, gravel, topsoil, sandstone or minerals or other similar extractive operations shall be subject to the provisions of chapter 26, article VII (section 26-221 et seq.), of the city Code, entitled "Excavations." The provisions of that article relating to operations for which a use permit is required are hereby incorporated into and made a part of this ordinance by reference.

2.

All extraction operations shall require a conditional use permit, unless specifically exempted from such requirement under the provisions of chapter 26, article VII (section 26-221 et seq.), of the city Code, entitled "Excavations."

B.

Disposal operations.

1.

The disposal of refuse, trash, debris or other solid waste materials, including but not limited to compost, construction waste, debris, hazardous waste, inert waste, organic waste, radioactive or nuclear waste, and solid waste, shall be subject to the provisions of chapter 62 of the city Code, entitled "Solid Waste." The provisions of that chapter relating to operations for which a use permit is required are hereby incorporated into and made a part of this ordinance by reference.

2.

All solid waste management facilities, as defined in chapter 62 of the city Code, entitled "Solid Waste," shall require a conditional use permit, unless specifically exempted from such requirement under the provisions of chapter 62.

A.

Setback from residential property. No structure shall be located within five hundred (500) feet of the lot line of any property zoned or used for residential purposes.

B.

Maximum lot coverage. Lot coverage of all structures shall not exceed thirty percent (30%).

C.

Required compliance with health regulations. Failure of any such facility to fully comply with all applicable state and local health regulations shall be deemed noncompliance with the provisions of this zoning ordinance.

For the purposes of this zoning ordinance, an "outdoor sales facility" means any table, stand, vehicle or other structure from which any item is sold to, or exchanged with, consumers; provided, that an "outdoor sales facility" shall not include structures that are lawful accessories to a permanent building on the same site. Outside sales that are accessory to an established principal retail use are regulated by separate provisions in article 7 of this ordinance. The term "nonagricultural outdoor sales facility" shall mean any outdoor sales facility that is less than 250 square feet in size which is not part of a bona fide agricultural, horticultural or aquacultural operation. The term "agricultural outdoor sales facility" shall mean an outdoor sales facility which is part of a bona fide agricultural, horticultural or aquacultural operation, including facilities at which customers pick products from the field. All nonagricultural outdoor sales facilities shall be subject to the requirements set out in this section. Agricultural outdoor sales facilities shall be subject to the requirements set out in section 13-1402 below.

A.

Proper zoning district and permits. The proposed site for a nonagricultural outdoor sales facility must be located in a zoning district in which such commercial use is permitted, or, if a conditional use permit is required for such activity, the permit must be obtained before any such activity occurs on the site.

B.

Site treated as standard commercial site unless temporary in nature; site plan approval and permit required.

1.

A site on which a nonagricultural outdoor sales facility is located shall be treated as a standard commercial site, subject to all of the applicable requirements of this ordinance, unless outdoor sales are conducted on the site for a period of less than ninety (90) days in any calendar year, in which case they shall be deemed to be temporary in nature.

2.

When an applicant specifies that the site is to be used for a nonagricultural outdoor sales facility for a period of less than ninety (90) days during any calendar year, a site plan shall be submitted to the department of public works which complies with the requirements set out below. No temporary nonagricultural outdoor sales activity may be conducted or nonagricultural outdoor sales facility placed on the site until such site plan has been approved and a permit has been issued by the zoning administrator.

3.

Regardless of whether such nonagricultural outdoor sales facility is temporary or permanent in nature, not more than one such facility may be located on any lot; provided, however, that flea markets may be authorized on property in the B-2 general business district through a conditional use permit issued in accordance with article 17 of this ordinance.

C.

Requirements applicable to all site plans for temporary nonagricultural outdoor sales facilities. The site plan for and operation of temporary nonagricultural outdoor sales facilities shall meet the following requirements:

1.

The nonagricultural outdoor sales facility is set back a minimum of fifty (50) feet from the nearest edge of the sidewalk pavement or street pavement, if there is no sidewalk, of any public right-of-way which abuts or is in close proximity to the property on which the facility is located and shall be set back a minimum of one hundred (100) feet from any adjoining lot which is zoned or used for residential purposes. No other setback requirements shall be imposed.

2.

The site on which the nonagricultural outdoor sales facility is located has off-street parking arrangements meeting the following standards:

a.

An entrance from the street must be available that is not less than thirty (30) feet in width or such larger size as the department of public works may determine is required as a result of the size or volume of the operation.

b.

An area of sufficient size for five (5) customer parking spaces and additional parking for employees, plus an adequate area for safe and efficient traffic circulation, must be delineated on the site plan.

c.

The parking area need not be paved, but must be vegetated, graveled or subject to other appropriate dust control measures, as required by the department of public works.

3.

No portable toilets or similar sanitary facilities shall be located on the site. Any sanitary facility placed on the site must be located within a permanent structure meeting the requirements of the Virginia Uniform Statewide Building Code.

4.

When sales activities have ceased and the products being sold are no longer displayed on the site, all materials related to the display and sale of such items shall be removed immediately from the site.

5.

Not more than one (1) nonagricultural outdoor sales facility shall be located on any lot; provided, however, that flea markets may be authorized on property in the B-2 general business district through a conditional use permit granted in accordance with article 17 of this ordinance.

D.

Signs. Notwithstanding anything to the contrary in section 14-700 of this ordinance, signs for nonagricultural outdoor sales facilities shall be subject to the following:

1.

Nonagricultural outdoor sales facilities shall not be permitted to display temporary signs under section 14-704H of this ordinance.

2.

Nonagricultural outdoor sales facilities on unimproved property shall be permitted the following signage:

a.

One freestanding ground mounted sign as defined in section 14-703 of this ordinance, provided that the sign is set back fifteen (15) feet from any adjacent right-of-way line and does not exceed twelve (12) feet in height.

b.

One sign mounted to a structure or a motor vehicle used in the operation of a nonagricultural outdoor sales facility, provided that the sign is mounted at a height which is less than, or equal to, the height of the structure or motor vehicle.

3.

Nonagricultural sales facilities located on improved property shall be permitted two signs mounted to a structure or motor vehicle used in the operation of a nonagricultural outdoor sales facility, provided that the sign is mounted at a height which is less than, or equal to, the height of the structure or motor vehicle.

4.

No sign permitted under this subsection shall exceed twenty (20) square feet in area.

(Ord. No. 95-O-016, 1-17-95; Ord. No. 97-O-144, 11-18-97; Ord. No. 00-O-007, 1-18-00)

A.

Purpose. The purpose of this ordinance is to promote and protect agricultural, horticultural and aquacultural activities in Chesapeake by allowing agricultural outdoor sales facilities, including those operations where customers pick the product from the growing field, to operate with a minimum of regulatory intrusion while, at the same time, ensuring public safety.

B.

Site plan and permit required.

1.

A site plan showing conformance with the standards set out below shall be submitted to the department of public works for review and approval. No agricultural outdoor sales facility shall be established or used to conduct sales activities until the site plan has been approved.

2.

In addition, no agricultural outdoor sales facility shall be established or used to conduct sales activities until a permit is issued for the operation by the zoning administrator. The permit shall be issued at no charge to the applicant and shall be valid until such time, if any, that the outdoor sales facility is abandoned for more than two (2) consecutive years. However, a permit may be revoked by the zoning administrator for violation of this ordinance.

C.

Permitted sales. The following items may be sold or offered for sale at an agricultural outdoor sales facility:

1.

Agricultural and horticultural products native to the area. If necessary, the Chesapeake Agricultural Extension Agent shall determine whether an agricultural or horticultural product is native to the area.

2.

Agricultural and horticultural products picked from a field by the customer.

3.

Aquacultural products, such as fish, shrimp, prawns, clams, and similar aquatic animals.

4.

Products accessory and incidental to the agricultural, horticultural and aquacultural products sold or offered for sale on the site.

D.

Where permitted. An agricultural outdoor sales facility shall be permitted on property other than commercially zoned property if the following requirements are met:

1.

The property on which the agricultural outdoor sales facility is located is generally used for agricultural, horticultural or aquacultural operations and is a minimum of three (3) acres in size; provided that, however, no agricultural outdoor sales facility shall be permitted on any residential lot which was created as a major subdivision or which is otherwise a part of a subdivision consisting of more than five residential lots.

2.

A growers certificate furnished by the Chesapeake Agricultural Extension Agent and any required growers license issued by the City of Chesapeake are displayed on the property on which the agricultural outdoor sales facility is located. The growers certificate shall be valid for one (1) year.

E.

Site standards. All agricultural outdoor sales facilities shall meet the requirements set out below.

1.

Stands, tables and other structures which are part of the agricultural outdoor sales facility shall be set back a minimum of fifty (50) feet from the nearest edge of the sidewalk pavement or street pavement, if there is no sidewalk, of any public right-of-way which abuts or is in close proximity to the property on which the agricultural outdoor sales facility is located and shall be set back a minimum of one hundred (100) feet from any adjoining lot which is zoned or used for residential purposes. No other setback requirements shall be imposed.

2.

Stands, tables and other structures used in support of the agricultural outdoor sales facilities may be placed on the same parcel as other structures and buildings associated with the agricultural, horticultural or aquacultural activity and may also be placed in the front yard of a lot, provided that the setbacks provided for in subsection 13-1402E.1. above are met.

3.

The total area occupied by all covered sales facilities shall not exceed five hundred (500) square feet for every acre of land devoted to the agricultural, horticultural or aquacultural operation, provided that the total area for all covered sales facilities shall not exceed two thousand five hundred (2,500) square feet. There shall be no limit on the amount of uncovered sales areas on the property.

4.

The agricultural outside sales facility shall have off-street parking arrangements meeting the following standards:

a.

An entrance from the street, approved by the department of public works as meeting public safety needs, shall be provided.

b.

An area of sufficient size for five (5) customer parking spaces shall be provided. In addition, an area one thousand two hundred (1,200) square feet in size shall be reserved for parking as needed.

c.

The parking area need not be paved.

5.

Portable toilets or similar sanitary facilities may be located on the site, provided that the facilities are set back at least one hundred (100) feet from all property lines. Portable toilets and similar sanitary facilities shall be screened from view from any public arterial street. The term "arterial street" shall mean a right-of-way at least eighty (80) feet in width.

6.

Materials related to the display and sale of agricultural, horticultural and aquacultural products, including stands, tables, and structures may remain on the site from season to season. However, if an outdoor sales facility is abandoned without any use at all for two (2) consecutive years, all structures and signs shall then be removed unless a new site plan is approved by the department of development and permits and a new permit is obtained from the zoning administrator.

F.

Permitted signs. Agricultural outdoor sales facilities may place signage in compliance with the requirements of the sign ordinance (section 14-700 et seq. of this ordinance). Notwithstanding anything to the contrary in the sign ordinance, an agricultural outdoor sales facility may also place the following signs in addition to any signs permitted under the sign ordinance:

1.

One or more signs not exceeding one hundred twenty-five (125) square feet in total combined area provided that (i) the signs are placed on the same site as the agricultural outdoor sales facility, (ii) no one sign shall exceed twelve (12) square feet in area, (iii) the signs are not lighted, and (iv) the signs are erected at least five (5) feet from the public right-of-way. Any such signage may be placed without permits, fees or notice to the zoning administrator.

2.

Off-site signs for the agricultural outdoor sales facility may be placed on private property with the permission of the owner provided that the requirements of this sign ordinance are met.

(Ord. No. 95-O-134, 7-18-95; Ord. No. 97-O-144, 11-18-97; Ord. No. 09-O-026, 3-17-09; Ord. No. 17-O-082, 11-28-17; Ord. No. 18-O-028, 3-20-18; Ord. No. 25-O-007, 2-18-25)

The above requirements regarding outdoor sales shall not apply to outdoor sales which are a permitted accessory use to sales activity from a permanent building.

Garage sales are permitted as provided for under the terms of chapter 58 of the city Code, entitled "Secondhand Goods." Enforcement of those terms shall be as provided for in chapter 58.

A.

Purpose. The purpose of this ordinance is to promote and protect agricultural, horticultural and aquacultural activities in Chesapeake by allowing farmers markets to operate with minimal regulatory intrusion while, at the same time, ensuring public safety. It is the intent of the city council to adopt regulations that allow farmers markets under certain conditions in an effort to support vendors selling agricultural, horticultural and aquacultural products that are predominately locally or regionally produced; promote fresh, nutritious, local produce; maintain the viability of local farming operations; and bolster the quality of life and sense of community in our city.

B.

Permit and site plan required.

1.

Permit. No farmers market shall be established or used to conduct sales activities until a permit is issued for the operation by the zoning administrator. The permit shall be issued at no charge to the applicant and shall be valid until such time, if any, that the farmers market is abandoned for more than two (2) consecutive years. However, upon written notice, a permit may be revoked by the zoning administrator for violation of any provision of the City Code or this ordinance. To obtain a permit, the applicant shall file an application with the zoning administrator. As part of the application, the owner/applicant shall certify either that the farmers market is the principal use on the property, or if an accessory use, that its hours of operation shall not conflict with the principal use. The application shall be on a form generated by the zoning administrator and shall require conformance with the following standards:

a.

Standards for farmers markets on public property.

1.

No more than one (1) farmers market shall operate contemporaneously on one (1) parcel or contiguous parcels of public property. Priority for the issuance of a permit for a farmers market on public property shall be based on the date on which a completed application and site plan were filed with the zoning administrator. This limitation shall ensure that public land is preserved for its intended use.

b.

Standards for farmers markets on properties zoned or used for residential purposes.

1.

Such farmers markets shall only be allowed on parcels that have not been improved with a principal residential structure.

2.

Materials related to the display and sale of agricultural, horticultural and aquacultural products, including stands, tables, and structures shall not remain on the site from season to season.

3.

Outdoor live music shall be permitted, subject to the provisions of the city's noise ordinance as put forth in article V of chapter 26 of the City Code.

4.

Portable toilets or similar sanitary facilities shall not be permitted.

c.

Standards for farmers markets on properties zoned business, office and institutional, assembly or conservation and for agriculturally zoned parcels used for a nonresidential purpose.

1.

Portable toilets or similar sanitary facilities may be located on the site, provided that the facilities are set back at least one hundred (100) feet from all property lines. Portable toilets and similar sanitary facilities shall be screened from view from any public arterial street. The term "arterial street" shall mean a right-of-way at least eighty (80) feet in width.

2.

Materials related to the display and sale of agricultural, horticultural and aquacultural products, including stands, tables, and structures may remain on the site from season to season. However, if a farmers market is abandoned for more than two (2) consecutive years, all materials and structures related to the farmers markets shall immediately be removed and the farmers market may not be used to conduct sales activities or otherwise operate until a new permit is issued by the zoning administrator as described in this ordinance.

3.

Outdoor live music shall be permitted, subject to the provisions of the city's noise ordinance as put forth in article V of chapter 26 of the City Code.

2.

Site plan. No farmers market shall be established or used to conduct sales activities until a site plan for the farmers market has been submitted to and approved by the zoning administrator. The site plan must depict the entrance to the site, a designated vendor area, customer parking and setbacks of the vendor area and parking area from property lines. In addition, the site plan must designate the size and location of existing buildings and structures and any proposed buildings or structures, which must be in compliance with all applicable zoning and building code regulations. The zoning administrator shall review the submissions and shall include any necessary city departments, including but not limited to the department of development and permits, department of public works, department of parks, recreation and tourism and the health department, in the review of the site plan. All city departments involved in the review must approve the site plan prior to the issuance of a permit. The site plan shall also show conformance with the following standards:

a.

Parking.

1.

General requirements applicable to all farmers markets.

a.

If the farmers market is located on a property zoned or used for residential purposes or on an undeveloped site in the agricultural, conservation, business or assembly center districts and utilizes an alternative parking surface, the application and site plan shall be subject to the review and approval of the directors of public works and development and permits or their respective designees to determine if the site complies with stormwater management requirements.

b.

Where parking areas are shared with other uses on-site, parking must meet the minimum requirements for all uses unless otherwise permitted by another provision of the zoning ordinance.

2.

Standards for farmers markets on properties zoned or used for residential purposes.

a.

An entrance from the street, approved by the department of development and permits as meeting public safety needs, shall be provided.

3.

Standards for farmers markets on properties zoned business, office and institutional, assembly or conservation and for agriculturally zoned parcels used for a nonresidential purpose.

a.

Parking and driving areas shall be paved or be surfaced in crushed stone in an amount sufficient to prevent soil erosion, abate dust and provide an adequate driving surface unless the application involves a farmers market on an undeveloped site and the applicant meets the requirements necessary for approval of an alternative parking surface as described by this ordinance.

b.

Buildings and structures that are part of the farmers market.

1.

Buildings and structures, including but not limited to stands, tables, tents, vehicles from which products are sold or any other sales area that is a part of the farmers market, shall be set back a minimum of fifty (50) feet from the nearest edge of the sidewalk pavement or street pavement, or, if there is no sidewalk, of any public right-of-way which abuts or is in close proximity to the property on which the farmers market is located and shall be set back a minimum of fifty (50) feet from any adjoining lot which is zoned or used for residential purposes.

2.

Areas dedicated to parking, drive aisles, landscaping and any other setback imposed by this ordinance shall follow the setbacks imposed for the underlying zoning district. Farmers markets shall be exempt from the regulations concerning landscape plant material and structures in required buffer areas and all regulations concerning planter islands or tree canopies.

C.

Compliance with other laws. Excluding the requirements imposed on uses that are specifically exempted from the definition of a farmers market, farmers markets shall be in compliance with all applicable City Code and zoning ordinance provisions prior to the issuance of the permit. Any farmers market which proposes to operate on public property shall be in compliance with the restrictions imposed on outdoor meetings and events on public property in City Code section 46-14, the restrictions imposed on events at parks or public recreation areas in City Code section 50-51, and the restrictions imposed on events proposed to take place on the street or sidewalk as put forth in City Code section 74-21. No provision of this ordinance shall be interpreted to supersede or override any other applicable federal or state regulation.

(Ord. No. 17-O-024, 5-16-17)

Temporary uses are permitted only as expressly provided for in this zoning ordinance.

Unless otherwise specifically provided for below, the temporary uses described below shall not be initiated until a permit authorizing such use has been issued by the zoning administrator.

A.

Temporary permit; renewal. A temporary permit may be issued in all zoning districts by the zoning administrator for yards located outside the public right-of-way which support a temporary construction project (including projects for the maintenance or repair of streets or structures). Such permit shall be valid for a period not exceeding eighteen (18) months, provided that the standards set out below are followed. A permit may be renewed for additional twelve-month periods, provided that there is continued compliance with the standards set out below.

B.

Site plan requirement.

1.

A site plan must first be submitted to and approved by the zoning administrator, setting out the general location and extent of the activities and structures of the yard, including vehicle storage areas, contractor's office, watchman's trailer, construction equipment sheds, etc. The plan shall also show or describe a restoration plan for the site, setting out how the site will appear sixty (60) days after the expiration or voiding of the permit.

2.

Sleeping and/or cooking accommodations may be provided for such a site and shall be shown on the site plan. Where such accommodations are provided, water and nonportable sanitary facilities shall be provided to serve them.

3.

When such yards are located in or adjacent to property zoned or used for residential purposes, the zoning administrator may require screening and/or fencing measures and may specify approved areas for the location for trailers, machinery and certain site activities that normally generate noise, dust or glare, in order to minimize the impact of the yard activities on the neighboring residential property, and may limit the location of trailers and certain machinery.

C.

Maintenance requirement.

1.

All areas of such yard, as well as its access roads, shall be treated and maintained in such manner as to prevent dust or debris from blowing or spreading onto adjoining properties or onto any public right-of-way. Such yards shall be maintained in a clean and orderly condition. Material and construction residue and debris shall not be permitted to accumulate. Grass and weeds shall be maintained at a height not exceeding six (6) inches.

2.

In the event that the permit holder fails to so maintain the site and fails to remedy all deficiencies within thirty (30) days after written notice of violation of these maintenance requirements has been issued by the zoning administrator, the zoning administrator may declare the permit void and require restoration of the site as provided for below.

D.

Termination of use; restoration. The yard shall be closed and all buildings, structures, materials, supplies and debris associated with the yard's activities shall be completely removed and the area properly seeded or otherwise restored with appropriate vegetation within sixty (60) days from the date that the permit issued by the zoning administrator has expired or has been declared void by the zoning administrator.

A.

Events included. Special events shall include outdoor meetings, auctions, bake sales, yard sales from other than residential properties, carnivals, special outdoor entertainment and similar activities which are not part of the property's normal use and which are not otherwise permitted on the site. This section shall not authorize outside sales as an accessory use to an established principal retail use of a site. Such outside sales are regulated by separate provisions in article 7 of this ordinance. However, to the extent that such provisions conflict with this section, the more stringent regulation will apply.

B.

Permitted; general requirements.

1.

Special events as described above shall be permitted in all zoning district classifications, subject to compliance with the requirements set out below. All persons desiring to hold a special outdoor event must acquire a zoning permit from the zoning administrator pursuant to section 13-1502 of this ordinance, or a conditional use permit if required by subsection B.2.c. below, before holding any such event.

2.

Any special event must meet the following requirements:

a.

When any event is held on property zoned or used for residential purposes, the area where it is held must be at least three (3) acres in size.

b.

Such events shall comply with section 46-14 of the City Code, governing outdoor meetings, and with any other applicable provisions of the city Code.

c.

Such events shall meet one of the following durational limits listed below. Any storage, set up, removal or other activity associated with the use shall count toward the durational limits listed below.

1.

The event shall not last for more than seven (7) consecutive or non-consecutive days up to a maximum of four (4) times per calendar year, on a particular property, subdivision or development; or

2.

The event shall not last for more than one (1) day a week for no more than twenty-eight (28) total days per calendar year, on a particular property, subdivision or development.

d.

Any proposed special event which exceeds the durational limitations permitted above may apply for a conditional use permit pursuant to article 17 of this ordinance.

C.

Special outdoor event limitations not applicable in certain instances. The limitations on special outdoor events set out above shall not be applicable in the following instances:

1.

When the zoning ordinance allows such events as a permitted use in the zoning district in which the property is located.

2.

When the special event involves activities or displays, including but not limited to public festivals, concerts, exhibits, art and educational displays, provided at public parks, government or educational institutions or similar facilities, as they are considered an aspect of the function of such facilities.

(Ord. No. 97-O-143, 11-18-97; Ord. No. 00-O-007, 1-18-00; Ord. No. 19-O-042, 3-19-19)

A.

Temporary sales offices in developments.

1.

Temporary real estate sales offices shall be permitted, through a permit issued by the zoning administrator, within any new development approved in accordance with this zoning ordinance and chapter 70 of the city Code. Such office may be located in a mobile home, as provided for in section 13-903 above, or within a model home or dwelling unit that is part of the development.

2.

The permit issued by the zoning administrator for such temporary use shall be for a period of one (1) year. The permit may be renewed from year to year until certificates of occupancy are issued for all of the dwelling units in the development other than the unit occupied by the sales office. The temporary sales office shall be removed by the time the sales of the other units have been completed.

B.

Construction of model homes. Notwithstanding section 6-2001 of this ordinance and section 70-5 of the city Code, after receiving written request, the zoning administrator, may approve the construction of model homes prior to plat recordation, except in the case of mobile homes which are governed by sections 13-900 and 13-1000 et seq. of this ordinance. The zoning administrator may approve the construction of not more than four (4) single family homes; or four (4) duplex buildings; or one row of townhouses not to exceed eight (8) attached dwelling units, per preliminary plan approval. In the case of property that is zoned for multi-family use, this subsection is not intended to impose any restriction on model homes that can be constructed on such property after final site plan approval and proper issuance of building permits. For zoning approval issued under this subsection, construction and occupancy is to be in accordance with the following criteria, which are not subject to modification:

1.

A final subdivision or site plan has been approved for the property where the model homes are to be located;

2.

Model homes must meet all design, development and performance standards as delineated in this ordinance;

3.

The lots have direct access to streets for which construction plans have been approved and the base stone installed to accommodate emergency vehicles as determined by the department of development and permits;

4.

An operational municipal system or alternate water source, as approved by the fire department in accordance with the public facilities manual, is installed and made available to the lots where model homes are to be located;

5.

Street signs, which are to be maintained by the builder until the plat has been recorded, have been approved by the department of planning and the department of development and permits and installed where the model homes are located; and

6.

Notwithstanding section 78-86 of the city Code, all necessary fees have been paid as they relate to water and sewer service connections for each model to be constructed provided, however, that no permanent certificate of occupancy shall be issued until the city certifies that the model homes are connected to required water and sewer service.

Prior to construction of model homes under this section, the applicant must obtain building permits as required by this ordinance and the Uniform Statewide Building Code. After construction of the model homes in accordance with all criteria herein, a temporary certificate of occupancy, which shall expire twenty-four (24) months after issuance, must be obtained from the director of development and permits, or designee, allowing the use of the building as a model home. Upon expiration of the temporary certificate of occupancy, a permanent certificate must be obtained.

A model home shall not be used as a residence until after the final subdivision plat has been approved by the city and recorded with the clerk of the circuit court and a permanent certificate of occupancy is issued. Additionally, failure to comply with any requirement herein may result in revocation of the certificate of occupancy, temporary or permanent, by the city.

C.

Special open house event.

1.

As part of the marketing of new homes and home-related products located in a subdivision, a special open house event may be conducted, in which vendors of home-related products and services, as well as the contractors building the homes, may set up displays or demonstrations in or around the homes which are opened to the public as part of the event.

2.

Not more than one (1) such special open house event may be held for any subdivision approved as a preliminary subdivision by the planning commission.

3.

Any such special open house event may be held for up to a total of twenty-one (21) calendar days.

4.

No special open house event may be held until a permit is obtained from the zoning administrator for such event. The zoning administrator may require a site plan showing the following: (a) the location of the homes and various related activities involved in the event and their relationship to any existing occupied homes and subdivision streets; (b) all traffic circulation and parking plans for accommodation of persons coming to the event. The zoning administrator may require, as a condition of permit issuance, that certain specific measures be taken to ensure safe traffic circulation in the area and to minimize disturbance to neighboring residential properties.

5.

All special open house events shall limit open house activities to the hours between 10 a.m. and 10 p.m. and shall fully comply with all other applicable laws and regulations.

(Ord. No. 02-O-074, 6-18-02; Ord. No. 10-O-127, 10-19-10; Ord. No. 25-O-007, 2-18-25)

See section 13-903 above.

A.

Zoning districts. Bed and breakfast/tourist home establishments shall be permitted as a conditional use in the A-1 agricultural district and in the historic and cultural preservation overlay district ("HC district") only.

B.

Permitted as principal or accessory use in agricultural district. Bed and breakfast/tourist home establishments in the A-1 agricultural district may be conducted as either a principal or accessory use of the property.

C.

Permitted only as accessory use in HC district. Bed and breakfast/tourist home establishments in the HC district may only be operated as an accessory use to the principal residential use of a single-family dwelling.

D.

Residence and ownership requirement in HC district. Any single-family dwelling located in the HC district and used as a bed and breakfast/tourist home establishment must be the principal residence of the owner. Said owner-occupant shall be the record owner of not less than fifty (50) percent interest of the property or be a joint owner with members of the owner's family. The requirements of this subsection shall not apply in the A-1 Agricultural District.

(Ord. No. 01-O-098, 10-16-01)

A.

Permit required. A bed and breakfast/tourist home establishment shall be allowed in the A-1 agricultural district or HC district only upon the issuance of a conditional use permit in accordance with the requirements of article 17 of this zoning ordinance.

B.

Permit void upon transfer of property ownership. Any conditional use permit granted to authorize such an operation shall become void upon the transfer of ownership of the property, or at such earlier time as city council may expressly require.

(Ord. No. 01-O-098, 10-16-01)

In addition to any conditions which may be made part of any conditional use permit granted for a bed and breakfast/tourist home establishment, the following standards shall apply:

A.

Maximum use of building specified. The conditional use permit granted by the city council shall specify the maximum number of bedrooms and the maximum percentage of the gross floor area of the building that is to be devoted to the operation.

B.

Maximum stay by guests. The maximum stay for any guest of such an operation shall be ten (10) days within any thirty-day period. The owner/operator shall keep a current guest register, including names, addresses and dates of occupancy of all guests. Such information must be maintained for at least one (1) year from date of entry and shall be available for inspection by the zoning administrator.

C.

Off-street parking. One off-street parking space shall be provided for each bedroom devoted to the operation. All such off-street parking shall be located behind the established front building line of the residence. Off-street parking in the established secondary front yard of corner lots, as defined in section 14-201.B. of this ordinance, shall only be permitted upon express approval by city council. All parking spaces required under this subsection shall be screened from view from public rights-of-way and abutting properties in a manner approved by city council. City council may approve alternative parking surfaces in accordance with section 19-406 of this ordinance.

D.

No alterations from residential character of property. No alterations to the exterior appearance of the building or any accessory structure or to the premises shall be made which change the residential character of the property.

E.

Landscaping. Landscaping meeting the requirements of buffer yard F, as described in article 19 of this zoning ordinance shall be provided along all street frontages with supplemental planting of small trees (as defined in the Chesapeake Landscape Specifications Manual) as required by the director of development and permits, or designee, and shown on an approved landscape plan. City council may waive, modify or increase the street frontage buffering as part of the conditional use permit.

F.

Accessory uses and structures. In the HC district, only those accessory uses, structures or buildings which are incidental and subordinate to a single-family detached dwelling shall be permitted in conjunction with a bed and breakfast/tourist home establishment.

G.

Signage. Signage shall be limited to that authorized for home occupations under section 14-704(i) of this zoning ordinance.

H.

[Principal buildings.] In the HC district, no bed and breakfast/tourist home establishment shall be authorized in any principal building constructed on or after November 15, 2001, (effective date of TA-Z-01-18).

I.

Compliance with other regulations. The operation shall be conducted in accordance with all state laws and regulations pertaining to bed and breakfast/tourist home establishments.

(Ord. No. 01-O-098, 10-16-01; Ord. No. 10-O-127, 10-19-10)

Notwithstanding any other provision of this ordinance, unmanned public facility buildings and related structures which are placed or erected in order to provide water, sewer, electrical, telephone or other related public facility services and which meet the criteria set out below shall be permitted uses in all districts other than C-1 conservation district, where such structures shall be conditional uses. (See article 3 for definitions of "public facility" and "public utilities.")

All such public facility buildings and related structures, in order to be permitted uses, must meet the criteria listed below. In the event that a proposed building or structure cannot meet one or more of the listed criteria, then a conditional use permit shall be required.

A.

Height. The building or related structure may not be more than fifteen (15) feet in height above the finished grade.

B.

Area. The building or related structure may not occupy more than seven hundred fifty (750) square feet in total ground floor area at grade level.

C.

Wire or cable connections. The building or related structure may not be attached to any aboveground wires or cables running to a point beyond the lot on which the building or related structure is located.

D.

Site plan approval. A site plan for the building or structure, and landscaping for the lot on which the building or structure is located must be approved by the director of development and permits, or designee.

(Ord. No. 03-O-029, 3-18-03; Ord. No. 09-O-051, 5-19-09)

A.

Lot dimension requirements. The minimum lot dimension requirements for public facility buildings and structures coming within the terms of this ordinance, whether as permitted or as conditional uses, shall be as follows:

1.

Minimum lot size, five hundred (500) square feet.

2.

Minimum front yard setback, ten (10) feet.

3.

Minimum rear yard setback, ten (10) feet.

4.

Minimum side yard setback, ten (10) feet.

5.

Minimum road frontage, twenty (20) feet, provided that greater frontage may be required upon determination by the director of development and permits, or designee, that safe vehicular movement between the property and the public right-of-way requires grater road frontage; provided, however, that the planning director may allow such lots to have access to a public street through an ingress-egress easement across other property, upon a determination by the director that such arrangement would be consistent with the objectives of this ordinance.

B.

Modifications.

1.

The zoning administrator, or designee, may approve a reduction of up to fifty (50) percent in one or more of the required lot dimensions in those cases where the building or structure must be placed in an area that is already developed and enhanced landscaping is provided. Such landscaping shall at a minimum include a fifty (50) percent increase in required vegetation, to be installed and perpetually maintained in locations designated by the director of development and permits, or designee.

2.

Where the building or structure requires a conditional use permit, the planning commission and city council may approve, disapprove or modify the reduction in lot dimensions approved by the planning director.

(Ord. No. 03-O-029, 3-18-03; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10)

Transformers, submersible pump stations, cable boxes and similar public facility structures which are less than fifty-two (52) inches in height above the finished grade and which are located within recorded utility easements or within the public right-of way shall be permitted uses in all districts. In addition, vent stacks and relief valves associated with the distribution of natural gas shall be considered a permitted use subject to a maximum height of eight (8) feet. Such structures shall not be subject to the lot dimension requirements set out above and shall not require individual site plans; provided, however, that the planning director or the director of development and permits, or their designees, may require such structures to be shown on plans of the development in which they are located.

(Ord. No. 09-O-051, 5-19-09; Ord. No. 12-O-015, 2-21-12; Ord. No. 13-O-088, 8-13-13)

The provisions set out below shall apply to the following features in any development where such features are proposed to be held in common ownership by the persons residing in or owning lots in the development.

A.

Common open space. The term "common open space" refers to those lands held in common ownership by the persons residing in or owning lots in a development, where those lands are not a part of individual lots and are designed for the mutual benefit of the persons residing in or owning property or space in the development, whether or not such lands are required by the provisions of this chapter.

B.

Common improvements. The term "common improvements" refers to all private streets, driveways, parking bays, uses, facilities and buildings or portions thereof, as may be provided for the common use, benefit and/or enjoyment of the residents or owners of such development, whether or not such improvements are required by the provisions of this chapter.

Any application for a development which is subject to the provisions of this ordinance and which includes, as part of the development, common open space or common improvements not dedicated to and accepted by the city or other public entity, shall include as part of the application a detailed plan for the construction, establishment and perpetual maintenance of all such common open space and common improvements. The plan shall show private streets and drive aisles in the development. Such streets and drive aisles shall be designed and constructed in accordance with all standards and specifications for townhouses and multifamily developments set out in sections 6-1502 and 6-1602 of this ordinance. The absence of sufficient bonding, escrow account or other financial measures to ensure the proper construction and perpetual maintenance of common areas shall be grounds for the denial of any such application. Further, approval of any development plan may be specifically conditioned upon the provision and maintenance of such financial measures at specified points in the development process.

(Ord. No. 95-O-216, 11-21-95)

If the creation of a property owners association is part of an application for a development as a means of ensuring the perpetual maintenance of common open space or common improvements in the development, the application shall comply with the requirements set out below.

A.

Compliance with Property Owners' Association Act. Any property owners association that is proposed as part of a development application shall comply with all provisions of the Property Owners' Association Act, as set out in section 55-509 et seq., Code of Virginia, 1950, as amended.

B.

Enforcement authority of the city.

1.

The organizational documents of any proposed property owners association shall include a provision, not subject to alteration, granting to the city of Chesapeake the authority to review all financial and related records of the organization to ensure its continued solvency and capacity to maintain all common open space and common improvements.

2.

The organization documents of such association shall also include a provision, not subject to alteration, granting the right of entry upon such common property to city personnel, including but not limited to the following: law enforcement officers, rescue squad personnel and firefighting personnel in the performance of their duties; public utility and public works vehicles in the performance of their installation, maintenance and repair duties; and inspections personnel for the purpose of reviewing the association's proper maintenance of the common property.

3.

The organizational documents of such association shall also include provisions, not subject to alteration, which grant to the city the authority to do the following:

a.

Repair or maintain common property upon a finding by the city that such property is not being maintained by the association;

b.

Assess the cost of such maintenance and of all associated administrative costs on a pro rata basis against the properties within the development having a right to use such properties, which assessments shall become a charge on said properties and may be collected by the city as taxes and levies are collected.

(Ord. No. 98-O-163, 11-17-98)

When a drive-through window or door or other pickup service for vehicles is proposed for a site, and such service will include an amplified speaker system, the outer edge of the stacking lane required for such service must be located a minimum of three hundred (300) feet from any principal residential dwelling unit and a minimum of three hundred (300) feet from the property lines of any unimproved parcel zoned for residential use. If the outer edge of the stacking lane is proposed to be located closer to such dwelling unit or property line, a conditional use permit shall be required for any such drive-through or window pickup service equipped with an amplified speaker system; provided that, however, no conditional use permit shall be required where the outer edge of the stacking lane is separated from a dwelling unit or property line of residentially zoned property by a street at least sixty (60) feet in width and owned or maintained by the city or the Commonwealth.

(Ord. No. 98-O-163, 11-17-98; Ord. No. 03-O-009, 1-23-03)

Any window, door, or similar facility used for drive-through or pickup service must be located along the rear or side yard of a site; except that such facilities may be placed along the secondary front yard of a corner lot or through lot, as defined in section 14-202.B. of this ordinance, in cases where the drive-through or pickup service is screened from the abutting public right-of-way by a wall connected to, and constituting a part of, the principal building. Stacking lanes shall be provided and internal circulation shall be designed in accordance with section 19-403.B. of this ordinance.

(Ord. No. 98-O-163, 11-17-98; Ord. no. 00-O-017, 2-15-00)

A.

Schools which are permitted uses. Any freestanding school building located in a zoning district in which a school is a permitted use may expand its size subject only to the setback, height and other related limitations set out in this ordinance, upon approval of a properly submitted site plan.

B.

Schools which are conditional uses or legal nonconforming uses. Any freestanding school building located in a zoning district in which a school is a conditional use may expand its building area, subject only to the setback, height and other related limitations set out in this ordinance, upon approval of a site plan, within the limitations set out below. Such authority to expand shall apply equally to buildings which are legally nonconforming because they were built before a conditional use permit was required and to those for which a conditional use permit has been issued. The limitations on expansion include:

1.

Total classroom area (which is deemed to include the hallways connecting classrooms) may be added, up to a maximum of fifty percent (50%) of the total square footage of the building as originally built or as approved in its most recent conditional use permit.

2.

Total building area (which is deemed to include classrooms, cafeterias, gymnasia, offices, etc.) may be added, up to a maximum not exceeding the total square footage of the building as originally built or as approved in its most recent conditional use permit.

3.

Building expansion beyond the limits set out shall require approval through a conditional use permit.

Any freestanding school building may expand its building area through the use of portable industrialized buildings meeting the requirements of the Virginia Uniform Statewide Building Code for such use, provided that such expansion meets the following requirements:

A.

Setback requirements; parking and other site improvements. The portable buildings meet all height, setback and other related limitations set out in this ordinance; provided, however, that additional parking spaces and other site improvements normally required under this ordinance shall not be required until the expansion requires a parking and traffic circulation plan as provided for in subsection (3) below.

B.

Maximum expansion permitted. The total square footage of the portable buildings does not exceed the total square footage of the permanent building; provided, however, that when a school building located in a zoning district in which a school is a conditional use is also expanded, without a conditional use permit, through construction of permanent facilities under subsection (A)(2) above, the total square footage of the expansion from both permanent and portable buildings may not exceed the total square footage of the building as originally built or as approved in its most recent conditional use permit. Expansion beyond these limits shall require a conditional use permit.

C.

Parking and traffic circulation plan. Once the total square footage of the portable buildings exceeds twenty percent (20%) of the total square footage of the existing permanent building, a parking and traffic circulation plan and, where required by the public works director, a drainage plan for the school site shall be submitted to the public works director for review and approval not more than ninety (90) days after this threshold is reached.

1.

Such plans shall be drawn to scale and shall show the location of proposed improvements and traffic circulation. The public works director may require more detailed plans, including a drainage plan, if the director determines that site conditions at a school require more detailed review.

2.

Plans may be submitted which include future additions of portable buildings to the site. The director's approval shall specify the number of portable buildings approved for placement under the approved plan.

3.

Parking and traffic circulation facilities internal to the site normally shall be temporary in nature and shall not require paving and related permanent improvements, provided that the director determines that safe traffic flow can be provided with such temporary facilities.

4.

The public works director may require permanent improvements for entrances and related public access arrangements and for drainage, if the director determines conditions so require, and may require enhanced or permanent internal improvements where the director determines that safe traffic flow cannot be provided with standard temporary improvements.

For those freestanding schools located in a zoning district in which a school is a conditional use, no additional conditional use permit shall be required for the erection or expansion of accessory structures of the school, including, without limitation, such structures as parking lots, ballfields, playgrounds, tennis courts and related athletic areas, unless such structures are to be lighted for nighttime use and any lighting structure is located within one hundred (100) feet of a residential structure. Such authority to expand accessory structures shall apply equally to buildings which are legally nonconforming uses because they were built before a conditional use permit was required and to those for which a conditional use permit was issued. All such structures shall conform to all other applicable provisions of this ordinance.

A.

Regardless of the actual zoning district in which an existing or proposed public or private school is located, such facility shall be deemed an office and institutional use and shall be subject to the zoning requirements of the office and institutional zoning district classification in regard to size, lot coverage, height, yards, landscaping and all other dimensional requirements under this ordinance.

B.

Assembly uses included within the standard industry classification major group 86 that are permitted in the office and institutional zoning district shall be permitted within public and private schools, including private schools requiring a conditional use permit, regardless of the applicable zoning district. Occupancy of public and private schools by assembly uses shall meet all requirements of the Virginia Uniform Statewide Building Code applicable to assembly uses. All other land uses shall comply with the applicable zoning district.

(Ord. No. 07-O-006, 1-16-07)

Editor's note— Ord. No. 07-O-006, adopted January 16, 2007, changed the title of § 13-2004 from "Schools deemed office and institutional use for all dimensional and related requirements" to "Special provisions applicable to public and private schools."

As a condition of approving a conditional use permit application for any school, city council may specify more restrictive limits on the expansion and location of principal structures (including portable classrooms) and accessory structures on the site, than the limits set out above. Where no specific limits on expansion are included as a condition of an approved conditional use permit, expansion may occur in accordance with the limits set out above.

For the purposes of this ordinance, all public schools, including accessory buildings and structures, maintenance and service buildings and other related facilities, shall be deemed municipal buildings and structures and, accordingly, shall be permitted uses in all zoning district classifications. Sections 13-2002 and 13-2004 above, regarding expansion of schools through the use of portable classrooms and the application of the zoning district regulations for the office and institutional (O & I) district school buildings, shall still apply to public school facilities. (See section 13-2200 et seq. regarding review of proposed municipal buildings and structures.)

Because the citizens residing in or near public housing projects are sometimes in need of support services to help them with their food, health, education and related needs, provision is made below for the operator of any such project to allow the establishment of centers providing such services on a small scale to support the residential uses in the area.

A public housing support services center is a facility, located within a residential development that is owned or operated by a public agency, which is constructed or used to provide nonresidential support services on a nonprofit basis for the residents of the surrounding community, including but not limited to the following services: social, health and mental health services; individual tutoring and group education services; material support and food services, including clothing and material supplies, food supplies and the preparation and serving of meals.

A.

Nonresidential zoning districts. Such centers shall be permitted in the B-1, B-2 and O & I zoning district classifications.

B.

Residential zoning districts; conditions. Such centers shall be permitted in the R-8s, R-6, R-TH-1 and R-MF-1 zoning district classifications, provided that the total square footage devoted to such centers within a single housing project does not exceed five thousand (5,000) square feet. Where the total square footage devoted to such centers within a single housing project exceeds five thousand (5,000) square feet, the use of any additional residential property for such centers shall be permitted only through the granting of a conditional use permit in accordance with the requirements of article 17 of this zoning ordinance.

The provisions for public housing support services centers set out above shall not affect the establishment of recreational, educational, or related activities or sites within a housing project which are deemed an accessory use of the project, available exclusively to the residents of the project, if such are otherwise permitted under the zoning ordinance.

The authorization of public housing support services centers under these sections shall not affect the applicability of building, health, housing and other code standards regarding the occupancy and use of such centers.

Municipal buildings and structures shall be permitted uses in all zoning district classifications. Regardless of the actual zoning district in which an existing or proposed municipal building and structure is located, such facility and use shall be deemed a permitted use but shall comply with the development standards for the office and institutional zoning district, including without limitation, setbacks, lot size, lot coverage, landscaping and site plan review. Municipal buildings and structures, or portions thereof, may be approved by City Council, or by the City Manager or designee as appropriate, for nongovernmental uses.

(Ord. No. 00-O-096, 8-15-00; Ord. No. 09-O-054, 5-26-09)

A.

For site acquisition. Where construction of a municipal building or structure requires city council appropriation of the acquisition of the building site, notice of the city council meeting at which such appropriation is to be acted upon shall be sent by first class mail to the owners of all properties which are adjacent to the proposed site.

B.

For design and/or construction. In the event that property proposed for the location of a municipal building or structure has already been acquired by the municipality (or by the school board, in case of public schools) prior to the effective date of the ordinance or in the event that notice of a proposed acquisition was not sent to one or more property owners as required in subsection (A) above, all adjacent property owners not receiving notice of the proposed appropriation for acquisition of the building site shall be notified by first class mail of a city council review of a proposed appropriation for the design and/or construction of a municipal building or structure on such site.

C.

Notice sent from city clerk's office; action not invalidated by failure to provide notice.

1.

The notice required under this section shall be sent by the city clerk, not less than fourteen (14) calendar days before the scheduled city council meeting.

2.

Any failure to provide the notice required under this section shall in no way invalidate the action taken by city council in approving appropriations for the location, design and construction of such municipal building or structure nor shall it constitute grounds for invalidating or delaying the location, design, construction or use of such building or structure.

D.

Limits of applicability. The provisions set out above are in no way intended to expand or otherwise modify the manner in which the construction of municipal buildings and structures is funded or reviewed. Those structures which do not require a specific, individual city council appropriation, but instead are funded under general budgetary appropriations, shall not require specific council review before being constructed. Such structures are permitted uses in all zoning district classifications within the city and may be constructed accordingly.

E.

Leasing of municipal facilities. At least fourteen (14) calendar days prior to the public hearing required to lease municipal property, notice of the propose lease and date of the public hearing shall be mailed to all adjacent property owners and notification signs shall be posed on the proposed lease site in the same manner as required by section 16-105. The notice required by this subsection shall be provided by the city manager or designee.

(Ord. No. 09-O-054, 5-26-09; Ord. No. 23-O-091, 8-15-23)

Editor's note— Ord. No. 09-O-054, adopted May 26, 2009, changed the title of § 13-2202 from "Appropriation review by city council" to "Public notification of appropriation review by city council and leasing of municipal facilities."

A.

Required finding in accord with the adopted Comprehensive Plan. The planning commission shall approve the approximate location, character and extent of proposed municipal buildings and structures as being in substantial accord with the city's adopted Comprehensive Plan, in accordance with the provisions of section 15.2-2232, Code of Virginia, 1950, as amended, before construction of such buildings and structures may occur.

B.

Site plan approval as equivalent finding; separate finding required if site plan review delegated.

1.

The planning commission's approval of a preliminary site plan for such facility, in accordance with the provisions of this ordinance and chapter 70 of the city Code, shall be deemed to meet the requirements of this section.

2.

If the planning commission has delegated such site plan review to the planning director, then separate review and finding by the planning commission of accord with the adopted Comprehensive Plan shall be required. Such review and finding shall not require a public hearing unless city council specifically so directs.

C.

Review not required for certain improvements. Paving repair, reconstruction, improvement, drainage or similar work; normal service extensions of public utilities; and such other improvements as may be designated by state statute shall not require planning commission review and approval unless involving a change in location or extent of a street or public area.

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

All racetracks, including those for motor vehicles, animals and drag strip races, shall be a conditional use in the M-1, M-2, and A-1 districts only, subject to meeting all criteria set out herein. All conditional use permit applications shall be subject to the provisions of article 17 of this ordinance.

The following criteria shall be considered minimum standards which may not be waived or varied by the city council or the Chesapeake Board of Zoning Appeals. City council may impose additional standards or conditions in order to protect the public health, safety and welfare; ensure compatibility with surrounding areas; and eliminate adverse impact on communities in the same vicinity and on public facilities necessary to serve the proposed racetrack.

A.

No racetrack shall be permitted within one (1) mile of any existing subdivision consisting of more than five (5) adjacent lots zoned or used for residential purposes, created by a single recorded subdivision plat. City council may consider a reduction of this distance through the issuance of a conditional use permit for proposed racetracks that are limited to motorcycle racing subject to a review for compatibility with applicable residential properties within one (1) mile of the proposed racetrack. The one-mile distance shall be measured from exterior property lines.

B.

Minimum lot size shall be fifty (50) acres.

C.

All exterior walls or portions of the racetrack stadium or seating structures shall be set back a minimum distance of 100 feet from all property lines.

D.

The racetrack shall have at least one entrance on a public street shown on the Chesapeake adopted Master Transportation Plan. Due to the nature of the proposed use and its potential for generating significant traffic volumes, this public street shall have a level of service "E" or better, as determined by the director of public works, taking into consideration the anticipated traffic impact to be generated by the racetrack facility. A finding of a level of service "E" or better shall not negate the requirements of subsection E below.

E.

The application for the conditional use permit shall include a traffic impact analysis prepared by a professional transportation consultant meeting the requirements of and approved by the director of public works. The racetrack shall be developed and operated in accordance with the approved traffic impact analysis, including without limitation, improving public streets as necessary to accommodate projected traffic volumes and providing safe and efficient internal circulation and access. The nature and extent of required improvements shall be determined by the director of public works on the basis of the traffic impact analysis.

F.

The application for the conditional use permit shall include a noise study conducted by an independent expert to determine whether the operation of the racetrack facility will increase existing noise levels on residential properties within one mile of the facility beyond acceptable levels as established in the city's noise ordinance in chapter 26 of the city Code, and if so, whether noise attenuation measures can be imposed to eliminate such increase in noise levels. Where noise attenuation measures can eliminate increases in noise levels, such measures shall be implemented in the development and operation of the racetrack facility.

G.

The application for a conditional use permit shall include a stormwater drainage study to identify and address potential run-off problems resulting from petroleum and other pollution, as defined in the Virginia State Water Control Law, reasonably expected to be generated by the operation of a racetrack. The scope of the study shall be subject to criteria imposed by the director of public works. The racetrack shall be developed and operated in accordance with the stormwater drainage study, as approved by the director of public works.

H.

All applications for a conditional use permit for motor vehicle racetracks shall include an environmental study or other suitable documentation to establish that air quality will not be impacted beyond acceptable air quality standards imposed by state and federal agencies.

I.

All motor vehicles operating at the racetrack shall be equipped with mufflers as required by the City's noise ordinance in chapter 26 of the city Code.

J.

All studies and analyses required by this ordinance shall be conducted at the sole expense of the applicant. The consultant or engineer selected to conduct such study or analysis shall first be approved by the director of planning. Approval or disapproval shall be based on such considerations as expertise, education, experience and neutrality.

(Ord. No. 99-O-142, 11-16-99; Ord. No. 05-O-015, 3-8-05; Ord. No. 11-O-120, 12-20-11; Ord. No. 17-O-081, 11-21-17)

The following regulations shall be considered minimum standards for motor vehicle repair facilities (SIC 75) to be applied in addition to all other use and development criteria set out in this ordinance or the City Code, including Article VI of Chapter 14 thereof, or that are required as a condition or stipulation of any conditional use permit, site plan, subdivision plan or other approval. These regulations shall apply to all motor vehicle repair facilities located in business zoning districts other than those within the Fentress Airfield overlay district. Unless otherwise indicated herein, these minimum standards shall not be subject to waiver or variance.

1.

Whenever physically possible, bay and garage doors shall face interior lots. If the facility is to be located on a corner lot, bay and garage overhead doors shall face the public street having the lowest traffic counts, as determined by the department of public works. A fifteen foot vegetated buffer yard approved by the director of development and permits, or designee, shall be provided in cases where the bay or garage overhead doors must face a street. The buffer yard shall include a curvilinear three (3) foot berm and street frontage landscaping as required by section 19-600 of this ordinance. The required landscaping shall be placed in groupings to achieve a more natural appearance, as determined by the director of development and permits, or designee. City council and the planning commission, as appropriate, may consider alternative buffering arrangements in cases where site conditions are deemed to create a hardship. Allegations of financial loss or inconvenience that may result from having to install the buffer yard, including losses or inconvenience resulting from having to reduce building size, shall not be considered a hardship.

2.

The side of the building facing the street having the highest traffic counts, as determined by the department of public works, shall incorporate windows and doors to avoid having a solid wall facing the public right-of-way. If windows and doors cannot be installed in a manner that ensures harmonious and compatible development, as determined by the director of planning, a fifteen foot buffer yard and berm as described in paragraph 1 above must be provided.

3.

No outside overnight storage of motor vehicles shall be permitted, unless each of the following conditions is met:

a.

The outside overnight storage area shall be shown on the preliminary site plan approved as part of the conditional use permit for a motor vehicle repair facility.

b.

The outside overnight storage area shall not exceed 10% of the total area of the parcel or 20,000 square feet, whichever is less.

c.

The outside overnight storage area shall be completely encircled by a six-foot fence consisting of opaque materials approved by the zoning administrator. No permanent or temporary certificate of occupancy shall be issued until the fence is fully constructed.

d.

At a minimum, a buffer yard "A," as described in Section 19-600 et seq. of this ordinance, shall be installed along the exterior of the fenced outside overnight storage area, with the exception of access gates. Where a more intense buffer yard is required by Section 19-600 et seq., the required buffer yard shall be installed. All buffer yards shall be shown on the approved preliminary site plan and approved by the director of development and permits, or designee. All buffer yards shall be perpetually maintained. No permanent certificate of occupancy shall be issued until the buffer yards are fully installed in accordance with the approved plan.

e.

The outside overnight storage area shall comply with minimum setbacks for principal buildings in the zoning district in which the motor vehicle repair facility is located.

f.

The outside overnight storage area shall be located outside of fire lanes, required parking spaces, pedestrian walkways, and public utility easements.

g.

The outside overnight storage area shall be located on the same lot or parcel as the motor vehicle repair facility.

h.

All gates to the fenced outside overnight storage area shall be kept locked when not in use for entry or exit of motor vehicles.

i.

All motor vehicles awaiting repair or customer pick-up shall be stored indoors or inside the outside overnight storage area during times when the motor vehicle repair facility is not open to the public. No motor vehicle repairs shall take place outside.

4.

No outside storage of junked or dismantled motor vehicles, merchandise, parts, tires, batteries, debris or other articles, shall be permitted on the site.

5.

In order to promote harmonious and compatible development, the trash dumpster shall be located to the rear of the principal building and screened on three sides by a wall of the same material as the principal building. Doors shall remain closed except when depositing or retrieving materials from the dumpster area.

(Ord. No. 00-O-094, 8-15-00; Ord. No. 03-O-121, 10-21-03; Ord. No. 10-O-127, 10-19-10)

In the interest of enhancing and preserving the economic vitality of large retail facilities in the city, all retail establishments having a gross floor area exceeding 50,000 square feet shall conform with the development criteria contained herein. The intent of these regulations is to ensure that such retail establishments are designed, constructed and maintained in a manner that is compatible with surrounding development and that will contribute to the economic development goals and objectives of the city by attracting customers and generating revenues. These regulations will also serve to protect the public health, safety and welfare by minimizing adverse impact on city facilities and services and providing against hazards to pedestrians and vehicles that might otherwise arise in busy retail areas.

(Ord. No. 01-O-043, 5-8-01)

A.

These regulations shall apply to all retail establishments having a cumulative gross floor area in excess of 50,000 square feet, whether such gross floor area is contained entirely within a freestanding building or is within two or more buildings that are connected by party walls, partitions, canopies, or walkways. In addition, the design, architectural and landscaping regulations set out or referenced in Section 13-2503 below will apply to any outparcel connected to a retail establishment by drive aisles, entrances or parking areas.

B.

These regulations shall also apply to expansions and additions that increase the gross floor area of an existing retail establishment by more than 50% of the gross floor area shown on the originally approved final site plan, such that the establishment exceeds 50,000 square feet. In such cases, these regulations shall apply to the existing and expanded portions of the retail establishment.

C.

In calculating the gross floor area of a retail establishment, the zoning administrator shall include all customer, employee and storage areas, including without limitation, areas used for permanent outside display, storage and sales of merchandise.

D.

The requirements of section 13-2500 shall be in addition to all other applicable ordinances, regulations and requirements; provided that should there be any conflict between the requirements of this section and any other city ordinance, regulation or requirement, the more stringent requirement shall control.

E.

The use of the word "shall" or "must" as used in section 13-2500 denotes a mandatory requirement. The use of the word "should" or "may" as used in section 13-2500 denotes a voluntary provision; provided, however, that when any retail establishment proposed to exceed 50,000 square feet in gross floor area requires the approval of the city council, whether by rezoning, conditional zoning, conditional use permit or special exception, the city council shall, in determining whether or not to grant such approval, consider the extent to which the proposed retail establishment conforms to the voluntary provisions of this section; and provided further, that high-quality design elements not addressed by the provisions of this section shall be encouraged.

(Ord. No. 01-O-043, 5-8-01)

A.

The following regulations apply to all retail establishments constructed or expanded so as to exceed 50,000 square feet in gross floor area:

1.

Design, architecture and landscaping. All retail establishments, and all outparcels connected to such retail establishments by drive aisles, entrances and parking areas, should be designed, constructed and maintained in conformance with all guidelines and standards set out in that certain policy document entitled "Design Guidelines for Large Retail Establishments," said policy document having been approved by City Council simultaneous with the adoption of this ordinance. Retail establishments located within the Transportation Corridor Overlay District (TCOD), should also comply with Appendix "B" of the Transportation Corridor Overlay District Policy for retail buildings greater than 50,000 square feet. In the case of conflict, the more stringent criteria shall apply.

2.

Minimum parking. The retail establishment shall meet the minimum parking requirements set out in section 19-400 of this ordinance, except that:

a.

Notwithstanding anything to the contrary in section 19-400, however, parking required by this ordinance may be reduced to one (1) space for every two hundred fifty (250) square feet of gross floor area where pedestrian walkways meeting the requirements of paragraph 4 below are provided. The parking reduction shall be subject to the approval of the director of planning or designee.

b.

For regional shopping malls, minimum parking shall be one (1) space for every two hundred fifty (250) square feet of leasable area as determined by the planning director or designee. This minimum parking requirement shall supersede any other applicable minimum parking requirement for each establishment included within the definition of regional shopping mall.

3.

Maximum parking area (parking lot scale). Areas devoted to parking shall not exceed one (1) parking space per 180 square feet of gross floor area unless the developer or applicant provides the director of planning with an independent study showing the need for a greater number of spaces. Such study shall be based on the Institute of Transportation Engineers Manual or other accepted documented engineering standards. Based on the content and findings of this study, the director of planning or designee may determine that a specific number of additional parking spaces is warranted and approve same.

4.

Sidewalks and pedestrian walkways. Sidewalks shall be installed along all public right-of-way frontages. The sidewalks shall be shown on preliminary and final site plans and shall be installed in accordance with the specifications of the director of development and permits, or designee, prior to the issuance of a final certificate of occupancy for the retail establishment. In addition, pedestrian walkways should be installed to provide access from the sidewalks and parking area to the retail establishment. The walkways should be a minimum of five (5) feet in width and constructed in a manner that is readily distinguishable from driving surfaces by use of alternate materials conducive to customer convenience or by use of pavement colorized (not painted) in contrasting or complementary hues such as brick, gray, white and other similar neutral or nonobtrusive colors. The pedestrian walkways should also be landscaped in an attractive manner with trees, shrubs, flowerbeds and other vegetative or ornamental features. The location, size, materials, color and landscaping of the pedestrian walkways must be approved by the director of planning or designee in order to receive the benefit of reduced parking requirements. The parking reduction may only be approved by the director of planning or designee if found that internal pedestrian walkways will promote interconnectivity of pedestrian walkways throughout the site.

5.

Shopping cart collection and storage areas. All corrals for the temporary collection of shopping carts and all shopping cart storage areas shall be designated on preliminary and final site plans. If these areas are not shown on the plan, the plan shall contain the following note: "There shall not be any shopping collection or storage areas permitted on the site." Shopping carts shall be removed from parking lots and collection corrals on a regular basis to avoid hazards to pedestrians and vehicular traffic or when collection corrals become unsightly. Shopping cart collection corrals should be painted dark green, brown, silver or black to complement the retail establishment. Shopping cart storage areas located adjacent to the front of the building should be fully screened from the public view by architectural features that match the principal building.

6.

Outside display, storage and sales. Outside display, storage and sales areas in the B-1 zoning district shall meet the criteria set out in section 7-302 of this ordinance. Outside display, storage and sales areas in the B-2, B-5 and industrial zoning districts shall meet the criteria in section 7-402 of this ordinance. All permanent outside storage and display areas shall be enclosed on all sides by a high-quality decorative wall or fence. Chain link fences are strongly discouraged unless fully screened from exterior view by a decorative wall or fence. Approved decorative fencing that is used to enclose permanent outside storage and display areas and located within the setbacks for the principal building shall be exempt from fence height restrictions in Article 14 of this ordinance.

7.

Outdoor vendors/vending machines. Outdoor vendors and vending machines shall be located only in areas designated for such purposes on the preliminary and final plans. Vending machines shall be flush with established principal building lines and shall be screened from view from all public rights-of-way in a manner approved by the director of planning or designee. All outdoor vendors shall comply with the restrictions set out for outdoor sales in section 7-302 (to be applied in B-1 districts) and 7-402 (to be applied in B-2, B-5 and industrial districts). No vending machines or buildings, structures, vehicles or facilities used in connection with outdoor sales shall be located in parking areas, fire lanes, loading areas and pedestrian walkways.

B.

All administrative approvals authorized by section 13-2503.A. above shall be subject to concurrence by the city council in cases where a conditional use permit or other city council approval is required for a proposed retail establishment.

C.

Where a conditional use permit is required for a proposed retail establishment, the mandatory criteria set out in section 13-2503.A. above shall not be subject to waiver or variance.

D.

Development plan approval.

1.

No preliminary site plan shall be required for retail establishment exceeding fifty thousand (50,000) square feet.

2.

The director of development and permits, or designee, shall have approval authority for final site plans depicting retail establishments exceeding fifty thousand (50,000) square feet and final site plans depicting the expansion of a retail establishment, as described in section 13-2502 of this ordinance, by more than fifty (50) percent of existing gross floor area, such that the expanded retail establishment exceeds fifty thousand (50,000) square feet in cumulative gross floor area. Administrative approval may only be given if the planning director finds that the final site plan meets the voluntary provisions in section 13-2503 above, including without limitation, the "Design Guidelines for Large Retail Establishments" and for properties located in the Transportation Corridor Overlay District, Appendix "B" of the Transportation Overlay District Policy. The director of development and permits, or designee, shall also have approval authority for final site plans for newly constructed retail establishments, provided that the planning director finds that the retail establishment is subject to proffers adopted by city council as part of a conditional rezoning which ensure compliance with the voluntary regulations in section 13-2503 above, including without limitation, the "Design Guidelines for Large Retail Establishments" and for properties located in the Transportation Corridor Overlay District, Appendix "B" of the Transportation Overlay District Policy. The planning director may allow exceptions from any provision of the "Design Guidelines for Large Retail Establishments" if found that due to physical surroundings, size, shape, topographical situation or condition of the specific property involved or development immediately adjacent thereto, the strict application of the voluntary regulations would constitute or produce an undue hardship. In no event shall such an exception be granted if the only hardship to be endured is financial in nature. In no event shall this subsection apply where a conditional use permit or an amendment to a conditional use permit is required for outside display, storage or sales areas or for other conditional uses on the site. Any person aggrieved by the final determination of the planning director may appeal such determination to the planning commission as the approval authority; provided however, that the determination of the planning director shall be final unless an appeal is made within fifteen (15) calendar days of the determination appealed from, on forms approved by the city.

(Ord. No. 01-O-043, 5-8-01; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09; Ord. No. 11-O-072, 7-19-11)

In order to provide incentive for compliance with voluntary provisions in section 13-2500, and to encourage the use and redevelopment of existing large retail facilities, the planning director shall have approval authority for preliminary site plans depicting the expansion of a retail establishment by more than fifty percent (50%) of existing gross floor area, such that the expanded retail establishment exceeds 50,000 square feet in cumulative gross floor area. Administrative approval may only be given if the planning director finds that the preliminary site plan meets the voluntary provisions in section 13-2503 above, including without limitation, the "Design Guidelines for Large Retail Establishments" and for properties located in the Transportation Corridor Overlay District, Appendix "B" of the Transportation Overlay District Policy. The planning director shall also have approval authority for preliminary site plans for newly constructed retail establishments, provided that the planning director finds that the retail establishment is subject to proffers adopted by city council as part of a conditional rezoning which ensure compliance with the voluntary regulations in section 13-2503 above, including without limitation, the "Design Guidelines for Large Retail Establishments" and for properties located in the Transportation Corridor Overlay District, Appendix "B" of the Transportation Overlay District Policy. The planning director may allow exceptions from any provision of the "Design Guidelines for Large Retail Establishments" if found that due to physical surroundings, size, shape, topographical situation or condition of the specific property involved or development immediately adjacent thereto, the strict application of the voluntary regulations prohibit or restrict the utilization of the property, or where strict application of the terms of the voluntary regulations would constitute or produce an undue hardship. In no event shall such an exception be granted if the only hardship to be endured is financial in nature. In no event shall administrative approval be given where a conditional use permit is required for outside display, storage or sales areas or for other existing or proposed uses of the site that require a conditional use permit or an amendment thereto.

(Ord. No. 01-O-043, 5-8-01)

The purpose of this section shall be to promote and protect the public health, safety and welfare. It shall be the duty of landowners to act in accordance with all state, federal and local laws governing adverse environmental conditions of property, including without limitation, remediation of contaminated soil, groundwater and surface water and disclosure of such conditions to potential purchasers and future owners.

(Ord. No. 05-O-130, 10-18-05)

A phase I environmental site assessment, prepared in compliance with the specifications in the Chesapeake Public Facilities Manual, shall be required for every proposed development that involves any land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar use where exposure to contaminated soil or water would pose a threat to the public health, safety and welfare; provided that the director of development and permits, with the concurrence of the director of public works, may waive this requirement if the following conditions are satisfied:

a.

The applicant/owner submits documentation, in a form acceptable to the director of development and permits and director of public works, requesting to waive the phase I environmental site assessment and demonstrating that the proposed land disturbance does not pose a significant risk to the environment or the public health and safety; and

b.

The applicant/owner signs and submits documentation, in a form acceptable to the city attorney, assuming all risk and indemnifying and holding the city harmless for any actions or liability that result from such waiver.

Where deemed necessary, the director of public works or designee shall require a phase II environmental site assessment, as specified in the Chesapeake Public Facilities Manual. The phase I and phase II reports shall include recommendations to address any and all environmental conditions of the property, including without limitation, contaminated soil, surface water, or groundwater, that may be adverse to the public health, safety and welfare. In the event a phase I and/or phase II environmental site assessment has been previously submitted to the city for the same property, such environmental site assessment may suffice if updated in accordance with applicable standards in the Chesapeake Public Facilities Manual.

(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 22-O-124, 12-20-22)

Where adverse environmental conditions are known or discovered to exist, the applicant shall provide adequate written assurances to the city that such conditions shall be remediated, removed, or contained in a manner consistent with applicable state and federal regulations which govern remediation of the environmental condition. If no state or federal jurisdiction is invoked, the determination of sufficiency of remediation shall be made by the director of development and permits, or designee. No certificate of occupancy shall be issued for a property that poses an environmental threat to the public health, safety or welfare until remediation is complete.

(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09)

A.

Required. In any case where adverse environmental conditions are known or discovered to exist, the owner and applicant for the development shall provide adequate assurance to the city that such conditions will be disclosed to future owners. The disclosure shall be included in all sales contracts with builders and initial homeowners; in all deeds of conveyance as a covenant that runs with the land; in all restrictive covenants, homeowners association documents and condominium instruments; on all final subdivision plats; and in all other similar recorded documents. The disclosure shall consist of a clear statement addressing, without limitation, contamination of soil, groundwater or surface water; presence of methane gas; former or existing landfills on or in the vicinity of the property; and any other condition that may have adverse impact on the public health, safety and welfare. As used herein, "vicinity" shall include parcels adjacent to the landfill site, parcels separated from the landfill site by only a street or water body, and parcels located downgradient of the landfill site.

B.

Records. The applicant shall bear responsibility for maintaining adequate records for review by potential buyers and future homeowners. Such records shall be preserved by recording phase I and phase II environmental site assessment summaries as attachment to deeds to builders and initial homebuyers, restrictive covenants, homeowners association documents, condominium instruments and similar instruments of record.

C.

Release. The owner, applicant or successor in interest may request the city to approve the release of a recorded disclosure statement at such time that all contaminants have been removed and all other adverse environmental conditions eliminated. Any approval of the release given by the city shall be in writing and signed by the director of development and permits or designee. The city's release of a disclosure statement shall not be deemed a finding or concurrence by the city that the property is environmentally safe.

(Ord. No. 05-O-130, 10-18-05; Ord. No. 09-O-051, 5-19-09)

A.

Intent. The purpose of this ordinance is to provide a regulatory framework for the construction of solar energy systems and facilities, subject to reasonable criteria regarding the siting of such systems and facilities, which will preserve the public health, safety and welfare and maintain the character of the city, in a manner consistent with the goals of the Commonwealth Energy Policy put forth in Title 67 of the Code of Virginia.

B.

Design and installation standards applicable to all solar energy systems and facilities. The following regulations establish minimum requirements and standards for the design and installation of solar energy systems and facilities:

1.

All solar energy systems and facilities shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), and the American Society for Testing and Materials (ASTM).

2.

All solar energy systems and facilities shall comply with all applicable federal, state and City Code requirements, including but not limited to the Virginia Uniform Statewide Building Code and Virginia Statewide Fire Prevention Code.

3.

All onsite transmission or power lines shall be placed underground.

4.

All solar energy systems and facilities shall be designed and operated to prevent the direction of concentrated solar radiation or glare onto neighboring property, public roads or other areas accessible to the public.

(Ord. No. 19-O-094, 7-16-19)

A.

Permit from the zoning administrator required.

1.

No solar energy system may be installed as an accessory to a principal use until a zoning permit is issued for such use by the zoning administrator. To apply for a permit, the owner or authorized applicant must submit an application and a site plan to the zoning administrator. The site plan must identify the size and location of any proposed accessory solar energy system structures, which must comply with all applicable zoning and building code regulations. In the event of a conflict between this ordinance and any other applicable ordinance, the more restrictive ordinance shall govern. The zoning administrator shall review the application and site plan and include any necessary city departments in the review of the same. The application and site plan shall also conform with the following standards:

a.

Roof-mounted: Solar energy systems, including roof tiles, may be installed on the roof of a single-, two-, or multi-family dwelling or on the roof of an accessory building or structure on a single- or two-family dwelling unit lot, provided that the height of the solar energy system does not extend more than five (5) feet above the highest point of the roof of the building or structure on which it is installed or exceed by twenty-five (25) percent the height of the dwelling, whichever is less.

b.

Ground-mounted: Solar energy systems installed in the ground must meet the following requirements:

1.

Height of the solar energy system, together with its support structures and associated equipment, shall not exceed twelve (12) feet; and

2.

The footprint of the solar energy system shall not exceed twenty-five (25) percent of the lot area of the property on which it is placed; and

3.

The solar energy system shall not be placed in the established front yard and shall be subject to the same side and rear yard setbacks as other accessory structures.

B.

Decommissioning. The owner shall remove all solar energy systems, solar panels and support structures, buildings, cabling, electrical components, roads and any other associated equipment within ninety (90) days of cessation or abandonment of the use.

(Ord. No. 19-O-094, 7-16-19)

A.

Conditional use permit required.

a.

Utility solar energy facilities shall be conditionally permitted in the B-2 (general business), M-1 (light industrial), M-2 (general industrial), M-3 (waterfront industrial), O & I (office and institutional) and A-1 (agricultural) districts, upon the granting of a conditional use permit by city council in accordance with the requirements of this zoning ordinance. The council may impose conditions on a use permit as the council deems appropriate to mitigate land use impacts.

B.

Decommissioning.

a.

Prior to approval of the conditional use permit, the applicant/owner shall enter into a written agreement with the city to decommission the solar energy equipment, facilities and devices. This written agreement shall conform with Virginia Code Section 15.2-2241.2, as amended, and shall include the following terms and conditions:

i.

Upon the cessation or abandonment of the use, the applicant/owner shall remove and properly dispose of all solar energy equipment, facilities and devices and restore the property to its pre-use grade by stabilizing the soil and revegetating the ground cover within the timeframe mandated by the written agreement; and

ii.

The applicant/owner shall provide financial assurance based upon the estimate of a professional engineer licensed in the Commonwealth who is engaged by the applicant and approved by the city, with experience in preparing decommissioning estimates. The financial assurance shall be in a form approved by the city attorney or designee. The decommissioning estimate shall be sufficient to secure the proper and lawful decommissioning of the site, include a reasonable allowance for estimated administrative costs related to a default and an annual inflation factor; and

iii.

In the event the holder of a conditional use permit for a utility solar energy facility breaches the obligations put forth in the written agreement, the city may utilize the financial assurance, in whole or in part, to enter the property and engage in decommissioning the site without the owner's consent. Any financial assurance not utilized by the city may be released only upon full compliance with the following: (1) cessation of utility solar energy facility; (2) complete decommissioning of the site; (3) final inspection and approval of the site by the director of development and permits or designee; (4) certification that all inspections and approvals required under state and federal law have been obtained; and (5) submission of a written document indemnifying the city against any and all costs, fines or damages resulting from any environmental pollution which arose, or may arise, out of the design, construction, operation or abandonment of the site as a utility solar energy facility or which arose, or may arise, out of acts, or failure to act, in the decommissioning of the site.

(Ord. No. 19-O-094, 7-16-19)

A.

Definitions and application of ordinance. Alternative onsite sewage systems shall be classified as components of a principal use. All further definitions related to this use shall be interpreted in a manner consistent with the definitions set forth in 12 VAC 5-613-10, as amended. The provisions of this ordinance shall not limit the city's authority to require connection to city sewer once city sewer becomes available, or its authority to require the extension or connection of city sewer to a proposed subdivision or development within the public utilities franchise area.

B.

Regulation of alternative onsite sewage systems.

1.

The installation of alternative onsite sewage systems shall be prohibited if: (i) public sewers or public sewerage disposal facilities are available, provided that landowners who either receive written approval from the director of public utilities or a variance from the utility review board pursuant to City Code Section 78-51 shall be exempt from this requirement; or (ii) the Virginia Department of Health has not approved the particular circumstances and conditions of the proposed alternative onsite sewage system.

2.

When public sewers or public sewerage disposal facilities are not available, alternative onsite sewage systems shall be permitted in all zoning districts, subject to the following conditions:

a.

Before installation of any alternative onsite sewage system, a permit must be obtained from the Chesapeake Health Department for the use in the particular circumstances and conditions in which the proposed system will operate; and

b.

The installation, operation and maintenance of any alternative onsite sewage system shall be subject to the approval of the Chesapeake Health Department, and must be compliant with all applicable regulations of the Virginia Department of Health and State Board of Health.

(Ord. No. 21-O-005, 1-19-21)

A.

Purpose. The purpose of this ordinance is to promote the health, safety, convenience, and general welfare of the residents by governing the size, location, physical dimensions, setbacks and other standards of self-service ice vending machines. For purposes of this section, a self-service ice vending machine is an outdoor automated unit that dispenses ice upon the insertion of coin, cash, credit cards or other payment by electronic means. Any machine located and accessed from the interior of a primary structure or on a sidewalk immediately adjacent to a primary structure, not exceeding a footprint of thirty (30) square feet, and connected to the water and sanitary sewer of the primary structure shall not be considered a self-service ice vending machine. Instead, such machines shall be considered an accessory use and shall not require a conditional use permit.

B.

Standards. Self-service ice vending machines shall comply with conditions that may be required as part of the conditional use permit approval and with the following minimum standards, unless otherwise modified by city council:

1.

Only one (1) self-service ice vending unit shall be permitted per parcel.

2.

A self-service ice vending unit shall be no closer than one hundred (100) feet to any property zoned or used for residential purposes.

3.

No self-service ice vending unit shall encroach into the minimum required setback for principal structures.

4.

If a self-service ice vending unit is to be placed within an existing parking lot serving an existing business(es). The applicant shall conduct an analysis to ensure that the loss of any parking spaces shall not result in the loss of any required minimum parking for the existing business(es). If such placement will result in the loss of (or further reduction of) required parking as determined by the zoning administrator, then the freestanding vending unit shall not be permitted at that location.

5.

Ingress and egress to and from self-service ice vending units shall not impede fire access or pedestrian or vehicular traffic flow.

6.

Bollards, if used, are to be limited to one (1) per each corner of self-service ice vending unit and one (1) additional in the front for protection of customers (maximum of five (5) bollards). Bollards must be located within five (5) feet of the unit. Bollards shall be painted white or other neutral color. Advertisement or signage is prohibited on the bollards. Planters may be used in between the bollards as long as they are neutral in color and have no advertisement or signage affixed to them.

7.

Each self-service ice vending unit shall be limited to the amount of wall signage set forth in article 14; provided that no self-service ice vending unit shall have more than two (2) wall signs.

8.

Freestanding, temporary and portable signs shall not be permitted.

9.

Each self-service ice vending unit shall be pre-wired to connect to a generator for the purpose of providing power to the unit in the event of electrical power failure. Each self-service ice vending unit shall be marked with the type of generator that it requires. The emergency contact information including a phone number of the owner or management shall be conspicuously located on the self-service ice vending unit.

10.

If a self-service ice vending unit is to be placed on a vacant parcel or as a standalone use on an undeveloped portion of a larger parcel, such units shall be required to construct and maintain a paved vehicular access drive and a minimum of two (2) off-street parking spaces, plus a minimum of one (1) handicap accessible space.

11.

No self-service ice vending unit shall be constructed or operated prior to final site plan approval from the department of development and permits.

12.

No self-service ice vending unit shall be operated prior to obtaining approval from the Virginia Department of Agriculture and Consumer Services, Food Safety and Security Program.

13.

Each self-service ice vending unit shall have a skirting material extending around the entire foundation of the unit that is composed of brick, stone, stone-faced concrete block, stucco, or other material that is either approved as part of the conditional use permit or approved in writing by the director of the planning department.

14.

All mechanical equipment, including roof equipment, shall be screened by use of a parapet or mansard roof design.

15.

Each self-service ice vending unit shall be connected to city water. Drainage of waste water from the self-service ice vending units, including condensation, backwash of filters, and ice melt shall discharge to an adequate outfall, which shall be depicted on the final site plan. If the waste water does not meet standards for acceptable stormwater as determined by the director of public works or designee, then the ice vending unit shall be connected to city sewer.

16.

Within thirty (30) calendar days of the closure or ceasing of operation of any self-service ice vending unit, the owner of the said unit and/or the owner of the land, shall remove all equipment and appurtenances from the premises.

(Ord. No. 21-O-018, 2-23-21)

A.

Definitions. The following words, terms and phrases, when used in this ordinance, shall be defined as follows:

1.

E-commerce means commercial transactions conducted electronically that result in the delivery of a package(s) to a consumer or end-user.

2.

"Last mile" delivery is the last segment of package delivery comprising the movement of goods from an offsite distribution or sorting facility to a final retail consumer.

3.

Delivery vehicle remote parking hub is defined to include either an existing parking lot or a vacant parcel used for the remote overnight parking of light commercial vehicles (no more than twelve thousand (12,000) pounds gross vehicle weight) utilized for "last mile" delivery of packages and for the parking of delivery vehicle operator's private vehicles during permitted hours of operation.

B.

Standards. E-commerce delivery vehicle remote parking hubs (EDVRPH) shall be permitted; provided that such use complies with all of the conditions listed below. If the use cannot comply with any condition, then the issuance of a conditional use permit will be required to permit the use. Any such conditional use permit shall comply with the following minimum standards, unless otherwise modified by city council.

1.

Only one (1) EDVRPH shall be permitted per parcel.

2.

Each property used for an EDVRPH shall be no closer than one (1) mile to one another.

3.

Areas dedicated to and used for an EDVRPH shall be no closer than one hundred (100) feet to any property zoned or used for residential purposes.

4.

Setbacks and buffer yard landscaping requirements:

a.

Principal setback (required yards) from property line or proposed right-of-way line to the area designated for delivery vehicle parking (front yards): thirty-five (35) feet.

b.

From property zoned for non-residential use:

i.

Side yard. No setback required; however, if a setback (yard) is provided, it shall be at least four (4) feet.

ii.

Rear yard. No setback required; however, if a setback (yard) is provided, it shall be at least four (4) feet.

c.

Off-street parking (parking and vehicle area) setback from streets:

i.

Private passenger vehicles: Ten (10) feet.

ii.

Commercial delivery vehicles: Thirty-five (35) feet.

5.

All EDVRPH shall require a final site plan that shall be subject to the review and approval of the director of development and permits or designee. Final site plan approval shall be contingent upon the following:

a.

Prior to final site plan approval, a traffic impact analysis shall be conducted and submitted to the city. The traffic impact analysis shall evaluate traffic impacts and shall include a parking analysis to ensure that any potential loss of parking spaces will not impact any required minimum parking for any existing business(es) on the property. The "shopping center" exception set forth in subsection 19-412(A) of this ordinance shall not apply to EDVRPH.

b.

The proposed use shall meet all current public facilities manual specifications for access management, stormwater, parking lots, signalization, pavement, lighting, and all other applicable requirements.

6.

Activities prohibited on-site: vehicle maintenance, fueling, washing, and packing loading and unloading.

7.

If adjacent to residentially zoned or used property, the operation of the facility shall be prohibited between the hours of 10:00 p.m. and 6:30 a.m., Monday through Sunday.

(Ord. No. 22-O-018, 2-15-22)

A.

No operation within one thousand (1,000) feet of certain places. To protect and preserve the vitality of business districts and the overall quality of life in Chesapeake, no tobacco, smoke, or vape shop shall be located or otherwise operate within one thousand (1,000) feet of any of the following uses:

1.

Public or private school;

2.

Licensed childcare or day care center;

3.

Public library;

4.

Public park;

5.

Public recreation or community center; or

6.

Other tobacco, smoke, or vape shop.

B.

Method of measurement. Measurements made to verify compliance with subsection (A) above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premise where a tobacco, smoke, or vape shop is operated to the nearest property line of the other specified use or district. Where a tobacco, smoke, or vape shop is located in a shopping center, the measurement shall be from the outer walls of the unit or space in which the tobacco, smoke, or vape shop is located.

C.

No smoking or vaping shall be permitted on the premises unless the tobacco, smoke, or vape shop fully complies with the Virginia Indoor Clean Air Act (Chapter 28.2, Title 15.2, § 15.2-2820 et seq., of the Code of Virginia) as the same may be amended from time to time.

D.

All pedestrian consumer access to the premises shall remain open and unlocked to members of the public and law enforcement personnel during all hours of operation.

E.

All glass portions of windows and doors along the front façade of the tobacco, smoke, or vape shop shall be maintained as transparent and shall not be heavily tinted or obscured, as determined by the zoning administrator.

(Ord. No. 23-O-088, 8-15-23)

A.

Intent. The purpose of this ordinance is to protect public health, safety, and welfare by providing a regulatory framework for the construction of battery energy storage systems, ensuring compatible land uses around battery energy storage systems, and mitigating the impacts of battery energy storage systems.

B.

Definitions. The following words, terms, and phrases shall have the following definitions when used in this ordinance:

1.

Battery energy storage system means one or more devices, individually or assembled together, capable of collecting and storing energy in order to distribute electricity at a future time, provided the storage system is a primary use on the property.

2.

Fire code means the fire code sections of the USBC, the Virginia Statewide Fire Prevention Code, and Chapter 34 of the Chesapeake City Code, all as may be amended from time to time.

3.

NFPA means the National Fire Protection Association.

4.

USBC means the Virginia Uniform Statewide Building Code codified in Chapter 6, Title 36 (§ 36-97 et seq.) of the Code of Virginia, 1950, as amended.

C.

Applicability. The requirements of this section shall apply to all battery energy storage systems installed within the city after the effective date of this ordinance and to pre-existing battery energy storage systems upon expansion, modification, or a change of use pursuant to article 15 of this ordinance.

D.

Plans, studies, agreements, and sureties. In addition to any other requirement stated in applicable law, every application for a conditional use permit to operate a battery energy storage system shall include the following:

1.

Emergency response plan. An emergency response plan that includes, at a minimum:

a.

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions;

b.

Procedures for inspection and testing of associated alarms, interlocks, and controls;

c.

Procedures to be followed in response to notifications from the battery energy storage system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure;

d.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures may include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire;

e.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required;

f.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility;

g.

A water containment plan;

h.

Other procedures as determined necessary by the city to provide for the safety of occupants, neighboring properties, and emergency responders; and

i.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

2.

Decommissioning agreement. Prior to approval of a conditional use permit, the applicant/owner shall enter into a written decommissioning agreement with the city to be implemented upon abandonment of, or cessation of activities at, the battery energy storage system. This written agreement shall include, at a minimum, the following terms and conditions:

a.

A narrative description of the battery energy storage system equipment and uses, the decommissioning process, a stated timeframe within which the site will be decommissioned, and the estimated costs for decommissioning. Such narrative description shall be prepared by a professional engineer licensed in the Commonwealth of Virginia who has experience preparing decommissioning estimates;

b.

The estimated costs for decommissioning the battery energy storage system shall be sufficient to secure the proper and lawful decommissioning of the site, including a reasonable allowance for estimated administrative costs related to a default and an annual inflation factor; and

c.

Upon cessation or abandonment of the battery energy storage system the applicant/owner shall safely remove and properly dispose of all battery energy storage system equipment, facilities, and devices and restore the property to its pre-use condition.

3.

Financial assurance. The applicant/owner shall provide the city with financial assurance based upon the estimated costs for decommissioning as required herein.

a.

The financial assurance may be in the form of certified funds, cash escrow, bond, or irrevocable letter of credit, subject to the approval of the city attorney or designee.

b.

If the applicant/owner of a battery energy storage system breaches the obligations in the written decommissioning agreement, then the city may utilize the financial assurance required herein, in whole or in part, to enter the property and engage in decommissioning the site without the applicant/owner's consent. Any portion of the financial assurance not utilized by the city may be released only upon compliance with the following:

i.

Cessation of all operations of the battery energy storage system;

ii.

Complete decommissioning of the site;

iii.

Final site inspection and approval of the decommissioned site by the director of development and permits or designee;

iv.

Certification that all inspections and approvals required under applicable state or federal law have been obtained; and

v.

Submission of a written document, signed by the applicant/owner, indemnifying the city against any and all costs, fines, penalties, or damages resulting from any environmental pollution which arose, or may arise, out of the design, construction, operation, maintenance, decommissioning, or abandonment of the battery energy storage system.

E.

Design and installation standards. In addition to any other applicable site plan and design requirements in this zoning ordinance, any battery energy storage system shall, at a minimum, adhere to the following requirements and standards:

1.

Required setbacks.

a.

As established by fire industry best practices for a safe perimeter and a "cold zone", and to protect and preserve the health, safety, and welfare of persons, neighboring property, and the overall quality of life in Chesapeake, any battery energy storage system shall be setback three hundred (300) feet from all property lines.

b.

Any setback from a street shall be measured from the reservation line established in accordance with the city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, the setback shall be measured as provided for in section 19-202.

c.

City council may reduce the distance required by this section to a distance of no less than one hundred (100) feet if:

i.

The applicant for a battery energy storage system provides an independent risk analysis of the proposed battery energy storage system and site;

ii.

The independent risk analysis identifies sufficient safety and fire protection systems and features of the battery energy storage system and site; and

iii.

Council determines that the risk of harm to nearby persons and property is lessened due to the information provided in the independent risk analysis.

2.

Layered fire protection. Any battery energy storage system shall include a sufficient layered fire protection approach, as determined by the Chesapeake Fire Department, which may include, without limitation:

a.

Adequate primary and secondary emergency access to and within the battery energy storage system facility and all properties within a three hundred (300) foot radius of the battery energy storage system;

b.

Fixed water sources, such as fire hydrants that meet distance and fire-flow demand as required by the Chesapeake Fire Department;

c.

An appropriate combination of four-hour rated fire walls between individual battery energy storage units and sufficient spacing between units to minimize the risk of a fire spreading to multiple battery energy storage units;

d.

Prompt condition monitoring and alarming, with remote and on-site notifications, for early detection of a fire event;

e.

Infrared camera(s) to monitor thermal levels of the battery energy storage system;

f.

Automatic detection of any off-gassing of flammable or combustible gas and an ignition or sparking system to consume off-gassing prior to an unsafe level of buildup thereof;

g.

Automatic deflagration venting to release gas, smoke, flame, or pressure and avoid containing unsafe levels thereof;

h.

Remote monitoring of all systems and alerts to ensure prompt corrective action, whether conducted remotely or on site; and

i.

A site designed to contain runoff of water, fire protection agents, and other chemicals.

3.

Any battery energy storage system shall comply with all applicable industry standards as well as federal, state, and local laws, regulations, and ordinances.

4.

Whenever it is feasible and prudent to do so, as determined by the director of development and permits or designee, onsite transmission or power lines shall be placed underground. The director of development and permits, or designee, may waive this requirement and allow for above ground transmission or power lines when the same is required by site design, geography, topography, or other relevant considerations.

5.

All onsite lighting shall be arranged and installed so that the direct or reflected illumination does not exceed one-half (0.5) footcandles above background measured at the lot line of any adjoining property. All lighting shall be directed away from adjoining properties and public rights-of-way to reduce glare and interference.

F.

Operation. A battery energy storge system shall be operated in accordance with all applicable law, policies, standard manuals, and industry best practices as they all may be amended from time to time. This includes, but is not limited to:

1.

Fire code;

2.

The USBC;

3.

City standard policies and manuals;

4.

NFPA and other industry best practices, including but not limited to NFPA 855, UL 9540, and UL 9540A; and

5.

All other applicable sections of the City Codes.

G.

Transfer of ownership. Within thirty (30) days of a change in at least fifty (50) percent of ownership or control of a battery energy storage system, the owner shall notify the zoning administrator and the city council of such change. This notification shall include:

1.

The name, address, and contact information for the new owner and designee in the Commonwealth of Virginia; and

2.

Written proof, subject to the review and approval of the city attorney or designee, that the new owner has been advised of and agreed in writing to comply with:

a.

This zoning ordinance;

b.

The decommissioning agreement; and

c.

All stipulations associated with the conditional use permit.

(Ord. No. 23-O-109, 11-28-23)