This chapter of the Code of the City of Chesapeake, Virginia, and the official zoning map, which is made a part hereof, shall be known and may be cited and referred to as the Chesapeake Zoning Ordinance and shall be referred to within the chapter as "this ordinance" or "this zoning ordinance."

A.

In general. This ordinance, to the extent that such can be accomplished, is intended to be in accord with and to implement the adopted comprehensive plan of the City of Chesapeake and to thereby promote the health, safety and general welfare of the residents of this city.

B.

Specific purposes. To accomplish these ends, this ordinance is designed to include consideration of each of the following purposes, where applicable, in accordance with section 15.2-2283, Code of Virginia, 1950, as amended, as required by the public necessity, convenience and general welfare and by good zoning practice:

1.

To provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime and other dangers;

2.

To reduce or prevent congestion in the public streets;

3.

To facilitate the creation of a convenient, attractive and harmonious community;

4.

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

5.

To protect against destruction of or encroachment upon historic areas and working waterfront development areas;

6.

To protect against one or more of the following: overcrowding of land; undue density of population in relation to the community facilities existing or available; obstruction of light and air; danger and congestion in travel and transportation; or loss of life, health or property from fire, flood, impounding structure failure, panic or other dangers;

7.

To encourage economic development activities that provide desirable employment and enlarge the tax base;

8.

To provide for the preservation of agricultural and forestal lands and other lands of significance for the protection of the natural environment;

9.

To protect approach slopes and other safety areas of licensed airports, including United States government and military air facilities;

10.

To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the locality as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated;

11.

To protect surface water and groundwater as defined in section 62.1-255 of the Code of Virginia, 1950, as amended, in a manner consistent with applicable state water quality standards.

12.

To provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard.

13.

To provide reasonable modifications in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12131 et seq., as amended) and state and federal fair housing laws, as applicable.

(Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-010, 1-15-19)

Editor's note— Ord. No. 19-O-010, adopted January 15, 2019, provides for an effective date retroactive to July 1, 2018.

This ordinance is adopted pursuant to the authority of one or more of the following statutes: Virginia Code sections 15.2-960; 15.2-961; 15.1-37.3; 15.2-2210; 15.2-2212 through 15.2-2216; 15.2-2221; 15.2-2233; 15.2-2235; 15.2-2280 et seq.; 15.2-2285; 15.2-2308 et seq.; 15.2-2306; 62.1-44.15:67 through 62.1-44:15:79 (the Chesapeake Bay Preservation Act); 10.1-603 et seq.; and such other, additional or subsequent statutes as may provide the city with the authority to regulate the use and development of land.

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

Should any section or any provision of this ordinance be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the validity of the remainder of this ordinance, and such remainder shall continue in full force and effect.

Should the application of any section or any provision of this ordinance to a particular property, building, structure or use be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect the application of said section or provision to any other property, building, structure or use.

The regulations and restrictions in this ordinance shall apply to all buildings, structures, land and uses within the corporate limits of the City of Chesapeake.

All buildings and structures erected; all uses of land or buildings established; all structural alterations or relocations of existing buildings occurring; and all enlargements of, additions to, changes in and relocations of existing uses occurring after the effective date of this ordinance shall be subject to all regulations of this ordinance which are applicable to the zoning districts in which such buildings, structures, uses or land are located. Buildings, structures and uses already lawfully existing at the time of the effective date of this ordinance which do not comply with the regulations of this ordinance shall be allowed to continue subject to the provisions of article 15 of this ordinance relating to nonconformities.

No building or structure, no use of any buildings, structures or land and no lot of record or zoning lot now or hereafter existing shall hereafter be established, altered, moved, divided or maintained in any manner except as authorized by the provisions of this ordinance.

Any rezoning or conditional use permit application or any other applicable matter requiring city council action on which the city council has not taken final action by the time that the council adopts this zoning ordinance or any applicable amendment to this zoning ordinance shall be subject to all of the terms and conditions of this zoning ordinance and to the terms and conditions of any such amendment and shall be modified, withdrawn or dismissed accordingly.

The application of this zoning ordinance and of any amendment to this zoning ordinance to any other pending matter shall be governed by the provisions of article 15 of this zoning ordinance.

A.

General exemption. Unless otherwise provided for under this ordinance, the following structures and uses shall be exempt from the regulations of this ordinance: traffic signalization equipment and traffic signs; fire hydrants; poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves or any other similar structures or equipment for the distribution to customers of telephone, cable television or other communications, electricity, gas or water or for the collection of sewage or surface water. Such structures and uses may be subject to other chapters of the City Code, and certain of these structures may further be subject to planning commission review regarding their conformity with the adopted Comprehensive Plan, as provided for in section 15.2-2232, Code of Virginia, 1950, as amended. Unmanned public facility buildings and related structures, as well as submersible pump stations and similar structures, shall be regulated as provided for in article 13 of this ordinance.

B.

Exemption from minimum yard requirements. The following structures shall be exempt from the minimum yard requirements set forth in this ordinance: telephone booths and pedestals, underground utility equipment, mailboxes, bus shelters, streetlights, public bicycle shelters or any similar structures or devices which are determined by the zoning administrator to similarly support normal public commerce, provided that the location of such structures does not present a safety risk, does not interfere with the normal flow of pedestrian and motor vehicle traffic and does not obscure the visibility of buildings, signs and other lawfully erected structures which are subject to the yard requirements of this ordinance and further provided that such structures are not incongruous with the appearance of the surrounding area.

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

This ordinance is not intended to abrogate, annul or otherwise interfere with any easement, covenant or other private agreement or legal relationship; provided, however, that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, the regulations of this ordinance shall govern.

This zoning ordinance of the City of Chesapeake, Virginia, shall be effective at and after 12:00 o'clock midnight, the 21st day of October, l993, and the "Zoning Ordinance, City of Chesapeake, Virginia," adopted May 27, 1969, as amended, shall be repealed at the time that this ordinance becomes effective. Such repeal is made subject to the limitations set out below.

The adoption of this ordinance does not change the existing zoning classifications of property within the city, except that property zoned B-3 highway business district, B-4 shopping center district or B-5 central business district, which districts are eliminated under this ordinance, shall hereafter be deemed B-2 general business district, as provided for in section 7-500 of this ordinance. Reference should be made to the zoning district regulations and the table of permitted and conditional uses set out in this ordinance for each zoning district classification to determine what changes have been made in the standards and uses within each zoning district classification.

A.

PUD's. All property subject to a planned unit development (PUD) plan approved under the provisions of the prior zoning ordinance may continue to be developed in accordance with the approved development plans for that property; provided that such plans shall be subject to the provisions of article 11 of this ordinance, regarding planned unit developments (PUD's), to the extent that such provisions do not conflict with the terms of the approved development plans.

B.

Conditional rezonings. The status of conditional rezonings shall be as provided for in article 15 of this ordinance.

C.

Conditional use permits. The status of conditional use permits shall be as provided for in article 15 of this ordinance.

D.

Subdivision plats and site plans. The status of approved subdivision plats and site plans shall be as provided for in article 15 of this ordinance.

A certified copy of the text of this ordinance, including such amendments to the ordinance as may be made from time to time, shall be filed in the offices of the zoning administrator the planning director and the city clerk of the City of Chesapeake. The city's official zoning map, entitled the "Planimetric Maps of Chesapeake, Virginia and Zoning Sheet Overlays," shall be filed in the offices of the planning director of the City of Chesapeake.