A.

Purpose. The city's adopted Comprehensive Plan and its land use map identify distinct urban, suburban, and rural areas within the city, and the adopted Comprehensive Plan provides that development patterns and trends should exhibit an orderly transition from urban land uses in the northern part of the city to rural land uses in the south. The plan also provides that the character of specific developments within each of these areas should be harmonious with and sensitive to the surrounding environment. The initial establishment of the urban, suburban and rural overlays in 1993, and the 2005 revisions, are intended to promote transition of densities and uses in a harmonious and orderly manner.

B.

Adoption. In keeping with the intent of the adopted Comprehensive Plan to identify and maintain the integrity of these different types of environments within the city, the rural, countryside, suburban and urban overlay districts were established in 1993. Pursuant to the 2005 amendments to the adopted Comprehensive Plan, the countryside overlay district was eliminated and the suburban overlay extended to the south. These revisions are hereby adopted and incorporated herein by reference to the city's adopted Land Use Plan.

C.

The overall density of any residential project within the city, regardless of its actual zoning classification, shall not exceed the residential density standards set out for the overlay district in which it is located. Those residential density standards are set out below. The density standards do not create a right to develop property to the maximum density allowed in each overlay district. Rather, they set a maximum density which shall not be exceeded. Other requirements of this zoning ordinance and of other applicable ordinances and standards may result in the actual density of residential development being less than the maximum residential density permitted under the applicable overlay district.

In addition to the different density standards established for residential development in each overlay district, different use and development standards may be established for nonresidential development in each overlay district.

(Ord. No. 05-O-014, 3-8-05; Ord. No. 17-O-081, 11-21-17)

Editor's note— Ord. No. 05-O-014, adopted March 8, 2005, changed § 5-100 in its entirety to read as herein set out. Formerly, § 5-100 pertained to intent and derived from original codification.

Development in the rural overlay district is intended generally to be of low intensity, with the greatest part of the district being devoted to agriculture and related uses. Major residential subdivisions, as defined in chapter 70 of the city Code, are not intended for this district. Some properties, due to their proximity to airfields, rail transport and/or major highways, may be deemed suitable for limited light industrial development, which shall be designed and operated to maintain harmony with the surrounding rural setting.

A.

In general. The density of any residential development or site or portion of a development or site located within the rural overlay district shall not exceed one (1) dwelling unit for every three (3) acres of land. The overall density of any residential development in the rural overlay district shall not exceed this density standard, regardless of the size of the lots within the development.

B.

Exception to density standards for certain parcels. A parcel in the rural overlay district may be rezoned for one (1) single-family detached residential unit despite not complying with the density requirements of this section if:

1.

The parcel was lawfully created prior to October 21, 1993;

2.

The parcel is at least one (1) acre but less than three (3) acres in size; and

3.

The parcel cannot be used for residential purposes under its zoning district as of February 21, 2025.

Any subsequent subdivision or resubdivision of a parcel rezoned pursuant to this subsection shall comply with all applicable requirements of chapter 70 of the City Code and this zoning ordinance, as amended.

(Ord. No. 25-O-003, 1-21-25)

The zoning district classifications established in this zoning ordinance have specific development requirements which are based upon a property's location in the rural overlay district. Those requirements are set out in the sections of this ordinance in which the development standards for each of those zoning district classifications are described.

Editor's note— Ord. No. 05-O-014, adopted March 8, 2005, repealed §§ 5-300—5-303 in their entirety, which pertained to the countryside overlay district, and derived from original codification.

The suburban overlay district identifies that area of the city characterized by a variety of residential neighborhoods serviced by local, community and regionally oriented retail business centers and corridors and connected by major highways to key employment and light industry centers. Commercial and light industrial developments of regional significance are also expected in this area, being developed near major highways through specific development plans and having appropriate buffering to ensure compatibility with surrounding residential properties. While residential densities and business activity levels are much greater here, special consideration is given to providing appropriate buffering among different uses and preserving open space and recreational amenities to enhance the quality of suburban residential life and the appearance of the city.

A.

Single-family residential development. With the exception of the limitations on townhouse and multifamily densities set out below, the density of single-family residential development in the suburban overlay district shall not exceed four (4) dwelling units per acre of land.

B.

Townhouse development. The density for property which is zoned for townhouse use shall not exceed ten (10) dwelling units per acre of land.

C.

Multifamily residential development.

1.

The density for property which is zoned R-MF-1 shall not exceed sixteen (16) dwelling units per acre of land.

2.

The density for property which is zoned R-MF-2 may range up to a maximum density of twenty-four (24) dwelling units per acre of land.

3.

Any multifamily development involving one or more buildings more than thirty-five (35) feet in height shall require a conditional use permit, regardless of the proposed density.

(Ord. No. 00-O-009, 1-18-00)

The zoning district classifications established in this zoning ordinance have specific development requirements which are based upon a property's location in the suburban overlay district. Those requirements are set out in the sections of this ordinance in which the development standards for each of those zoning district classifications are described.

The urban overlay district identifies that area of the city where the development pattern has been one or more intense use of the land and higher residential densities. The continued vigor of many of the residential communities in that area, as well as the potential for the revitalization of some of the older homes and neighborhoods and the improvement of long-standing industrial and commercial sites, warrant standards of development which maintain and strengthen existing development patterns.

A.

Single-family residential development. With the exception of the limitations on townhouse and multifamily densities set out below, the density of single-family residential development in the urban overlay district shall not exceed seven (7) dwelling units per acre of land.

B.

Townhouse development. The density for property which is zoned for townhouse use shall not exceed ten (10) dwelling units per acre of land.

C.

Multifamily residential development.

1.

The density for property which is zoned R-MF-1 shall not exceed sixteen (16) dwelling units per acre of land.

2.

The density for property which is zoned R-MF-2, urban planned unit development, B-5, urban business district, MXD-U, mixed use urban district, or as part of a mixed use development located in the South Norfolk business overlay district, may range up to a maximum density of thirty (30) dwelling units per acre of land except as provided for in section 11-1303 of this ordinance for urban planned unit developments and section 12-605 for the South Norfolk business overlay district.

(Ord. No. 00-O-009, 1-18-00; Ord. No. 06-O-051, 5-16-06; Ord. No. 07-O-168, 10-16-07; Ord. No. 23-O-077, 7-18-23)

The zoning district classifications established in this zoning ordinance have specific development requirements which are based upon a property's location in the urban overlay district. Those requirements are set out in the sections of this ordinance in which the development standards for each of those zoning district classifications are described. As provided for in section 19-206 of this zoning ordinance, city council may approve a reasonable deviation from one or more of those development requirements.

(Ord. No. 24-O-090, 8-20-24)

The acreage for calculating residential density shall be limited to that land on which building development is permitted under law. Properties which shall be excluded from such acreage shall include, without limitation, the following: properties zoned for office and institutional, business or industrial uses; property dedicated or reserved for street construction bordering the development; provided, however, that such dedicated land which exceeds the dedication requirements of chapter 70 of the City Code shall be included in calculating acreage (as a density credit). The following may be included, but together shall not comprise more than ten (10) percent of the total included property: land constituting tidal wetlands as the term "wetlands" is defined in Title 28.2-1300 of the Code of Virginia, 1950, as amended; properties submerged under nontidal waters, up to the normal watermark; properties subject to easements for the construction of open ditches and aboveground facilities. Properties which are designated by a developer as buffer areas for purposes of protecting wetlands and other environmentally sensitive areas and which otherwise would be suitable under this zoning ordinance for construction purposes may be included in the acreage for calculating residential density.

Calculations for urban planned unit developments and MXD-U mixed use urban district developments shall in accordance with subsections 5-900(c) and (d) below.

(Ord. No. 06-O-051, 5-16-06; Ord. No. 07-O-168, 10-16-07; Ord. No. 17-O-081, 11-21-17)

These standards do not establish a right to develop at the density specified, but only the maximum permitted density. Other ordinances and standards may result in actual densities of developments being less than the maximum permitted by the applicable overlay district.

* See section 5-600 regarding the properties excluded from applicable acreage in density calculation.

** See section 5-202 regarding an exception to this density standard for certain parcels.

Note: Use permit required for all developments involving one or more buildings more than thirty-five (35) feet in height, regardless of the density of the development except in the case of the MXD-U, mixed use urban district and South Norfolk business overlay district. In the case of a planned unit development, heights exceeding thirty-five (35) feet may be approved by city council with the approval of the master development plan.

(Ord. No. 00-O-009, 1-18-00; Ord. No. 05-O-014, 3-8-05; Ord. No. 06-O-051, 5-16-06; Ord. No. 07-O-168, 10-16-07; Ord. No. 23-O-077, 7-18-23; Ord. No. 25-O-003, 1-21-25)

A.

Group housing for the elderly. Unless otherwise specified in this ordinance, group housing for the elderly, as described in Article 13 of this ordinance, shall not be subject to the multifamily density requirements set out above. The density for any such development shall be established by city council upon approval of a conditional use permit authorizing such development; provided that such densities do not exceed the limitations set out in section 13-202 of this ordinance.

B.

Cluster developments. Residential cluster developments meeting the requirements in section 6-2200 of this ordinance and article VI of chapter 70 of the City Code may exceed the maximum residential densities set out above with the issuance a conditional use permit by city council.

C.

Urban planned unit developments. The maximum density for an urban planned unit development (PUD-U) shall be established by city council upon approval of a rezoning authorizing such development. Without approval of a conditional use permit, the maximum density shall not exceed thirty (30) dwelling units per acre. In accordance with section 11-1303 a maximum density of forty-five (45) units per acre may be approved by city council with a conditional use permit. Calculations for determining density in a PUD-U shall be based on the gross acreage of the PUD-U, including but not limited to, properties which are designated by a developer as buffer areas for purposes of protecting wetlands and other environmentally sensitive areas and required open space. No more than ten (10) percent of the following areas shall be included in the gross acreage of the proposed PUD: wetlands, as defined in the Code of Virginia, 1950, as amended, areas submerged under nontidal waters, up to the normal watermark, areas subject to easements for the construction of open ditches and above-ground facilities.

D.

Mixed use district developments. Calculations for determining density in a MXD-U mixed use urban district development shall be based on the gross acreage of the property, including areas which are designated by a developer as buffer areas for purposes of protecting wetlands and other environmentally sensitive areas and required open space. No more than ten (10) percent of the following areas shall be included in the gross acreage of the proposed development: wetlands, as defined in the Code of Virginia, 1950, as amended, areas submerged under nontidal waters, up to the normal watermark, areas subject to easements for the construction of open ditches and above-ground facilities.

(Ord. No. 04-O-079, 5-18-04; Ord. No. 06-O-051, 5-16-06; Ord. No. 07-O-168, 10-16-07)

Editor's note— Ord. No. 04-O-079, adopted May 18, 2004, amended § 5-900 in its entirety to read as herein set out. Formerly, § 5-900 pertained to exceptions for group housing for the elderly and derived from Ord. No. 96-O-087, adopted June 18, 1996.