The city's adopted Comprehensive Plan provides that the city's housing units should be arranged in an efficient and attractive manner and should be provided with supporting services and amenities so as to provide a variety of desirable residential environments, from urban to rural. The plan sets out residential density standards for the rural, suburban and urban overlay districts in article 5 of this zoning ordinance. The different residential district classifications established in this article reflect the differing types of residential life anticipated by the standards of article 5 and provide for transitions from one area of the city to another. In order to ensure that nonresidential uses do not conflict with the character of the city's residential communities, all those nonresidential uses which are not normally carried out in a residence as a home occupation, or which do not directly support residential activity, shall be permitted only by conditional use permit or shall not be permitted at all.

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

Specific design, development and performance standards, including lot configurations, public improvements, and traffic circulation, landscaping and buffering, are addressed in article 19 of this Code and in chapter 70 of the city Code, which governs subdivision and site plans. A number of other city standards may also apply to the development of the property. Those standards include but are not limited to those listed below and should be reviewed by the developer.

A.

Accessory uses and structures, including signs, are addressed in article 14 of this zoning ordinance.

B.

Floodplain standards for all developments are set out in chapter 26, article IV (section 26-86 et seq.), of the city Code.

C.

Erosion and sediment control standards are set out in chapter 26, article III (section 26-51 et seq.), of the city Code.

D.

Different or additional regulations of this zoning ordinance may apply, depending upon whether a site is located within a special overlay district. Reference should be made to overlay maps available in the planning department. If a site is within a special overlay district, those overlay district requirements shall apply.

E.

Alternative development plans for residential sites may be proposed through application for a planned unit development (PUD), as provided for in article 11.

F.

Regulations governing subdivision development are set out in chapter 70 of the city Code.

G.

The site plan approval process, including certain site plan requirements, is set out in article 18 of this Code.

This district is created to provide for developments of low density with a minimum lot size of three (3) acres in the rural overlay district. This district is characterized by large lots interspersed with agricultural lands.

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

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 3 acres.

2.

Minimum lot width, 175 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

3.

Minimum lot frontage, 140 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

4.

Principal building setback (required yards).

a.

From streets (front yards), 50 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

(1)

Side yard. There shall be a side yard along each side of each building and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 45 feet, one side of such yard need not be more than 20 feet in width.

(2)

Rear yard, 40 feet.

5.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

6.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the RE-1 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended for single-family residential development with a minimum lot size of 40,000 square feet in the suburban overlay district.

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

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 40,000 square feet.

2.

Minimum lot width, 110 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 88 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 40 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

(1)

Side yard. There shall be a side yard along each side of each building and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 30 feet, one side of such yard need not be more than 15 feet in width.

(2)

Rear yard, 30 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-40s district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended to allow some lots within a development to be less than 40,000 square feet in size, with a minimum lot size of 35,000 square feet, provided that the average lot size in the development is at least 40,000 square feet. This district classification may be approved for a property in limited circumstances, where either (1) the mixture of lot sizes would help to provide an appropriate transition between properties having different residential densities or between residential and nonresidential properties; or (2) the configuration or physical characteristics of the property are such that greater flexibility in lot sizes is needed for proper design and layout of the development.

A.

Minimum lot size. Minimum lot sizes may vary to a minimum of 35,000 square feet, provided that no more than 25 percent of the lots in any single development are less than 40,000 square feet in lot area.

B.

Average lot size. The average lot size for any single development shall not be less than 40,000 square feet.

C.

Other requirements. All other dimensional and development requirements for R-40s lots shall apply.

The averaging criteria shall apply to the overall development plan. The preliminary subdivision plan required under chapter 70 of the city Code shall include all lot mix calculations.

This district is intended for single-family development with a minimum lot size of 25,000 square feet in areas of transition where the area is designated for rural development but is surrounded by suburban development densities. The R-25s district should not be construed as an available replacement for the normally applicable low density zoning districts or to facilitate the extension of medium density development into areas which are undeveloped, lack adequate public facilities to support the proposed development, or otherwise exhibit a low density development character.

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

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 25,000 square feet.

2.

Minimum lot width, 100 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 80 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 40 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

(1)

Side yard. There shall be a side yard along each side of each building and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 25 feet, one side of such yard need not be more than 10 feet in width.

(2)

Rear yard, 30 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-25s district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended to allow some lots within a development to be less than 25,000 square feet in size, with a minimum lot size of 15,000 square feet, provided that the average lot size in the development is at least 25,000 square feet. This district classification may be approved for a property in limited circumstances, where either (1) the mixture of lot sizes would help to provide an appropriate transition between properties having different residential densities or between residential and nonresidential properties; or (2) the configuration or physical characteristics of the property are such that greater flexibility in lot sizes is needed for proper design and layout of the development.

A.

Minimum lot size. Minimum lot sizes may vary to a minimum of 15,000 square feet, provided that no more than 25 percent of the lots in any single development are less than 25,000 square feet in lot area.

B.

Average lot size. The average lot size for any single development shall not be less than 25,000 square feet.

C.

Other requirements. All other dimensional and development requirements for R-25s lots shall apply.

The averaging criteria shall apply to the overall development plan. The preliminary subdivision plan required under chapter 70 of the city Code shall include all lot mix calculations.

This district is intended for single-family development with a minimum lot size of 15,000 square feet in the urban and suburban overlay districts. The development density permitted in this district dictates that it be located with adequate consideration of the availability and capacity of public utility facilities.

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 15,000 square feet.

2.

Minimum lot width, 90 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 72 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 30 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 25 feet, one side of such yard need not be more than 10 feet in width.

ii

Rear yard, 30 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-15s district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended to allow some lots within a development to be less than 15,000 square feet in size, with a minimum lot size of 12,000 square feet, provided that the average lot size in the development is at least 15,000 square feet. This district classification may be approved for a property in limited circumstances, where either (1) the mixture of lot sizes would help to provide an appropriate transition between properties having different residential densities or between residential and nonresidential properties; or (2) the configuration or physical characteristics of the property are such that greater flexibility in lot sizes is needed for proper design and layout of the development. This district is intended for single-family development in the urban and suburban overlay districts.

A.

Minimum lot size. Minimum lot sizes may vary to a minimum of 12,000 square feet, provided that no more than 25 percent of the lots in any single development are less than 15,000 square feet in lot area.

B.

Average lot size. The average lot size for any single development shall not be less than 15,000 square feet.

C.

Other requirements. All other dimensional and development requirements for R-15s lots shall apply.

The averaging criteria shall apply to the overall development plan. The preliminary subdivision plan required under chapter 70 of the city Code shall include all lot mix calculations.

This district is intended for single-family development with a minimum lot size of 12,000 square feet in the urban and suburban overlay districts. The development density of this district indicates that it be located with adequate consideration of the availability and capacity of public utility facilities.

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 12,000 square feet.

2.

Minimum lot width, 85 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 68 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 30 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202C. for treatment of corner lots.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 25 percent of the width of the lot. The minimum width of any such side yard shall be 10 percent of the width of the lot, provided that no such side yard shall be less than 10 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 25 feet, one side of such yard need not be more than 10 feet in width.

ii.

Rear yard, 30 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-12s district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended to allow some lots within a development to be less than 12,000 square feet in size, with a minimum lot size of 10,000 square feet, provided that the average lot size in the development is at least 12,000 square feet. This district classification may be approved for a property in limited circumstances, where either (1) the mixture of lot sizes would help to provide an appropriate transition between properties having different residential densities or between residential and nonresidential properties; or (2) the configuration or physical characteristics of the property are such that greater flexibility in lot sizes is needed for proper design and layout of the development. This district is intended for single-family development in the urban and suburban overlay districts. The development density permitted in this district dictates that it be located with adequate consideration of the availability and capacity of public facilities and services.

A.

Minimum lot size. Minimum lot sizes may vary to a minimum of 10,000 square feet, provided that no more than 25 percent of the lots in any single development are less than 12,000 square feet in lot area.

B.

Average lot size. The average lot size for any single development shall not be less than 12,000 square feet.

C.

Minimum lot width. For those lots which are less than 12,000 square feet in size, the minimum lot width shall be eighty (80) feet. The minimum lot width shall be ninety (90) feet for all other lots. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, sixty-four (64) feet for lots with a required minimum lot width of eighty (80) feet and seventy-two (72) feet for lots with a required minimum lot width of ninety (90) feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

D.

Side yards. Minimum side yards shall not be less than 20 percent of the lot width. The minimum width of any such side yard shall not be less than 6 feet in width.

E.

Other requirements. All other dimensional and development requirements for R-12s lots shall apply.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-071, 6-21-05)

The averaging criteria shall apply to the overall development plan. The preliminary subdivision plan required under chapter 70 of the city Code shall include all lot mix calculations.

This district is intended for single-family development with a minimum lot size of 10,000 square feet in the urban and suburban overlay districts. The development density permitted in this district dictates that it be located with adequate consideration of the availability and capacity of public facilities and services.

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 10,000 square feet.

2.

Minimum lot width, 80 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 64 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 25 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall not be less than 6 feet in width, and provided further, that in any case where the total required width of the two side yards is more than 25 feet, one side of such yard need not be more than 10 feet in width.

ii.

Rear yard, 25 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-10s district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended for single-family development with a minimum lot size of 10,000 square feet and two-family dwellings with a minimum lot size of 13,000 square feet in the urban and suburban overlay districts. The development density permitted in this district dictates that it be located with adequate consideration of the availability and capacity of public utility facilities.

A.

General site standards for single-family detached units. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 10,000 square feet.

2.

Minimum lot width, 80 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 64 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets (front yards), 25 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202. See section 19-202.C. for treatment of corner lots.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall be not be less than 6 feet in width.

ii.

Rear yard, 25 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

General site standards for two-family dwelling units. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 13,000 square feet.

2.

Minimum lot width, 85 feet.

Minimum lot frontage, 68 feet.

3.

Principal building setback (required yards).

a.

From streets, 25 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall not be less than 6 feet in width.

ii.

Rear yard, 25 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

C.

Off-street parking. The minimum off-street parking requirements for each use in the R-10 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

D.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended for single-family detached dwellings with a minimum lot size of 8,000 square feet. The development density permitted in this district dictates that it be located with adequate consideration of the availability and capacity of public utility facilities. The R-8 zoning district is permitted only in those areas of the city served by public utility facilities.

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

A.

General site standards for single-family detached units. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 8,000 square feet.

2.

Minimum lot width, 75 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot width shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot width equal to a reduction in minimum lot frontage approved in accordance with section 19-201.D.7 of this ordinance.

Minimum lot frontage, 60 feet. For lots used exclusively for storm water management, open space or conservation that comply with section 19-201.D.6 of this ordinance, the minimum lot frontage shall be 50 feet. The planning director or designee may approve a further reduction or waiver of minimum lot frontage in accordance with section 19-201.D.7 of this ordinance.

3.

Principal building setback (required yards).

a.

From streets, 25 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall be not be less than 6 feet in width.

ii.

Rear yard, 25 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

General site standards for two-family dwelling units. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 11,000 square feet.

2.

Minimum lot width, 80 feet.

Minimum lot frontage, 64 feet.

3.

Principal building setback (required yards).

a.

From streets, 25 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From lot lines.

i.

Side yard. There shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall be not be less than 6 feet in width.

ii.

Rear yard, 25 feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

C.

Off-street parking. The minimum off-street parking requirements for each use in the R-8 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

D.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 05-O-015, 3-8-05; Ord. No. 05-O-071, 6-21-05; Ord. No. 17-O-081, 11-21-17)

This district is intended for single-family attached (townhouse) development where individual units are subdivided and include privately owned front and rear yards. The R-TH-1 zoning district is permitted only in those areas of the city that are served by public utility facilities.

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 1,500 square feet.

2.

Minimum lot width.

a.

Interior lots, 20 feet.

b.

End lots, 35 feet.

3.

Minimum lot frontage, 80 percent of minimum lot width.

4.

Principal building setback (required yards).

a.

From streets, 25 feet; except that where a private alley, lane or drive aisle, not exceeding twenty-four (24) feet in width, is designed to provide access to the side or rear of a single-family unit for use by the residents of such unit, the setback for the principal structure shall be fifteen (15) feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From lot lines.

i.

Side yard.

(a)

End units, 15 feet.

(b)

Interior units, zero (0) feet or 10 feet.

ii.

Rear yard, 15 feet. (Note: Where a rear yard landscape buffer is required under the terms of section 19-600 et seq., the required rear yard shall be increased by an amount equal to the required landscape buffer.)

5.

Accessory building setbacks. Notwithstanding anything to the contrary in this Code, accessory buildings and structures may be placed within 5 feet of a private alley, lane or drive aisle, not exceeding 24 feet in width, designed to provide access to the side or rear yard of a single-family unit for use by the residents of such unit. The 5-foot setback shall be measured from the edge of pavement of said private alley, lane or drive aisle. All setback requirements set out in article 14 of this Code for accessory buildings and structures in an R-TH-1 district shall otherwise apply.

6.

Maximum lot coverage of all buildings and roofed structures, 50 percent.

7.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-TH-1 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102 of this ordinance. All off-street parking spaces shall be paved in accordance with the specifications established in section 19-406 of this ordinance. Maintenance of all off-street group parking arrangements shall be responsibility of the property owners association.

C.

Special standards for R-TH-1 developments.

1.

All dwelling units shall be served by public utility facilities.

2.

The development project shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation and spacing/setback of buildings, preservation and maintenance of natural vegetation, location of recreational areas, open space, parking areas, grading, landscaping and screening/buffering.

3.

The density standards for single-family attached development are set out in article 5 of this zoning ordinance.

4.

If there are any areas not included within individual lots or within publicly dedicated streets or property, they shall be conveyed to an incorporated nonprofit property owners association meeting the requirements of section 13-1800 et seq. of this zoning ordinance. All private streets within an R-TH-1 development shall be designed and constructed in accordance with the following standards and specifications:

a.

Minimum street widths shall be 30 feet, except in the following circumstances:

(i)

Where 40 or fewer attached dwelling units, or 24 or fewer detached units, front or have direct access to a private street, the minimum width of such street shall be 24 feet. In calculating the number of units that front or have direct access to a private street, the term "street" shall be construed to include the full length of a continuous privately owned road, without regard to intersecting streets, alleys, drive aisles, lanes and other rights-of-way, whether public or privately owned.

(ii)

Where a private alley, lane or drive aisle is designed to provide access to the side or rear of a single-family residential unit for use by the residents of such unit, the minimum width of such alley, lane or drive aisle shall be 20 feet. Greater minimum widths may be required in accordance with the Public Facilities Manual as necessary to accommodate parking or other needs of the development.

(iii)

Notwithstanding the foregoing, any private street on which public school buses will travel shall have a minimum width of 30 feet.

b.

All streets shall have a minimum centerline radius of 75 feet for streets 30 feet in width, and 50 feet for streets 24 feet in width, with no minimum tangent line. The director of development and permits, or designee may adjust these standards where deemed necessary to accommodate unique design conditions.

c.

Minimum pavement design shall meet the specifications applied to public streets as set forth in the Public Facilities Manual.

d.

Minimum lighting standards shall meet the specifications applied to public streets as set forth in the Public Facilities Manual, provided that the director of the department of public works may approve alternate standards of lighting where, due to placement and design of the lighting devices, the director determines that the lighting will be equivalent to that provided on public streets.

e.

Curb and guttering shall be required on private streets in accordance with the specifications set out in the Public Facilities Manual, except that curb and guttering may be waived by the director of development and permits, or designee, for private alleys, lanes and drive aisles, not exceeding twenty-four (24) feet in width, where designed to provide access by residents to the side or rear of a dwelling unit in an R-TH-1 zoning district. No rolled curbs shall be permitted on private streets, except as allowed by the director of development and permits, or designee, for such private alleys, lanes, and drive aisles described above.

5.

No single grouping of attached units shall exceed eight (8) units. No more than four attached units shall have uniform rooflines or the same setbacks. Variations in the setback of building faces shall be at least two (2) feet.

6.

The storage of recreational vehicles and boats shall be prohibited unless a common storage/parking area is provided on the approved preliminary site plan scaled to the size of the development. Such areas shall be surfaced to provide all-weather access and shall be appropriately screened by fencing and landscaping.

7.

A four-foot wide private pedestrian access easement shall be provided on the perimeter of all rear and exterior side yards. No structure, including but not limited to fences, shall be constructed within this easement so as to obstruct pedestrian access.

8.

Evidence of compliance with the above standards shall be demonstrated through the preparation of a preliminary subdivision plan in accordance with all requirements of the Chesapeake Subdivision Ordinance, chapter 70 of the City Code.

D.

Development standards for single-family detached dwelling unit subdivisions in the R-TH-1 zoning district. All subdivisions for the development of single-family detached dwelling units on individual lots shall comply with the development standards set forth for the R-10s, single-family district in accordance with section 6-1200 et seq. of this Code.

E.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 95-O-216, 11-21-95; Ord. No. 96-O-072, 5-21-96; Ord. No. 98-O-055, 4-21-98; Ord. No. 05-O-015, 3-8-05; Ord. No. 17-O-081, 11-21-17; Ord. No. 25-O-007, 2-18-25)

This district is intended for apartment and condominium developments where three or more dwelling units are located on the same lot. The R-MF-1 zoning district is permitted only in those areas of the city served by public utility facilities.

A.

General site standards for multi-family development. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 15,000 square feet. (Note: Multifamily dwellings having a height in excess of thirty-five (35) feet shall obtain a conditional use permit in accordance with article 17 of this Code.)

2.

Minimum lot width, 90 feet.

Minimum lot frontage, 72 feet.

3.

Principal building setback (required yards).

a.

From public streets, 25 feet. From private streets, alleys, lanes or drive aisles, fifteen (15) feet from the edge of the pavement. (Setback from public streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From certain lot lines. From lot lines adjacent to property zoned or used for single-family detached development where the multifamily building contains more than four (4) dwelling units and/or exceeds two floors in height.

i.

Side yard, 15 feet plus 15 feet for each additional four dwelling units per building and/or additional floor.

ii.

Rear yard, 25 feet plus 15 feet for each additional four dwelling units per building and/or additional floor.

c.

From all other lot lines.

i.

Side yard, 15 feet.

ii.

Rear yard, 25 feet.

d.

Accessory building setbacks. Notwithstanding anything to the contrary in this Code, all accessory buildings and structures may be placed within 5 feet of a private alley, lane or drive aisle, not exceeding 24 feet in width, provided that the private alley, lane or drive aisle is designed to provide access to the side or rear yard of a dwelling unit in a multifamily district for use by the residents of such unit. The 5-foot setback shall be measured from the edge of pavement of said private alley, lane or drive aisle. All other setback requirements set out in article 14 of this Code for accessory buildings and structures in a multifamily district shall apply.

e.

Setbacks from parking areas. All buildings must be located a minimum of 15 feet from all parking bays and common parking areas.

f.

Setbacks between buildings. A minimum of 15 feet shall be provided between buildings. For those multifamily developments with buildings exceeding three stories, an additional 10 feet shall be provided between buildings.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: This maximum building height may be increased in accordance with section 19-800 et seq. Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-MF-1 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102. All off-street parking spaces shall be paved in accordance with the specifications established in section 19-406.

C.

Special standards for multifamily developments.

1.

All dwelling units shall be served by public utility facilities.

2.

The development project shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation and spacing/setback of buildings, preservation and maintenance of natural vegetation, location of recreational areas, open space, parking areas, grading, landscaping and screening/buffering.

3.

The density standards for multifamily development are set out in article 5 of this zoning ordinance.

4.

Reserved.

5.

All new utility lines, including electrical, telephone and cable television shall be placed below ground.

6.

All streets within a multifamily development, including, but not limited to, those in R-MF-1 and R-MF-2 districts shall be designed and constructed in accordance with the following standards and specifications:

a.

Minimum street widths shall be 30 feet, except in the following circumstances:

i.

Where 40 or fewer attached multifamily dwelling units, or 24 or fewer detached condominium units, front or have direct access to a private street, the minimum width of such street shall be 24 feet. In calculating the number of units that front or have direct access to a private street, the term "street" shall be construed to include the full length of a continuous privately owned road, without regard to intersecting streets, alleys, drive aisles, lanes and other rights-of-way, whether public or privately owned.

ii.

Where a private alley, lane or drive aisle is designed to provide access to the side or rear of a dwelling unit in a multifamily district for use by the residents of such unit, the minimum width of such alley, lane or drive aisle shall be 20 feet. Greater minimum widths may be required in accordance with the Public Facilities Manual as necessary to accommodate parking or other needs of the development.

iii.

Notwithstanding the foregoing, any private street on which public school buses will travel shall have a minimum width of 30 feet.

b.

All streets shall have a minimum centerline radius of 75 feet for streets 30 feet in width, and 50 feet for streets 24 feet in width, with no minimum tangent line. The director of development and permits, or designee, may adjust these standards where deemed necessary to accommodate unique design conditions.

c.

Minimum pavement design shall meet the specifications applied to public streets as set forth in the Public Facilities Manual.

d.

Minimum lighting standards shall meet the specifications applied to public streets as set forth in the Public Facilities Manual, provided that the director of development and permits, or designee, may approve alternate standards of lighting where, due to placement and design of the lighting devices, the director determines that the lighting will be equivalent to that provided on public streets. In addition, all parking area lighting within a multifamily development shall conform to the standards of the director of development and permits, or designee.

e.

Curb and guttering shall be required on private streets in accordance with the specifications set out in the Public Facilities Manual, except that curb and guttering may be waived by the director of development and permits, or designee, for private alleys, lanes and drive aisles, not exceeding twenty-four (24) feet in width, where designed to provide access by residents to the side or rear of a dwelling unit in a multi-family zoning district. No rolled curbs shall be permitted on private streets, except as allowed by the director of development and permits, or designee, for such private alleys, lanes, and drive aisles described above.

All parking area lighting within a multifamily development shall conform to the standards of the director of development and permits, or designee.

7.

The primary access and any secondary connections to the development project shall maximize the safety and adequacy of adjoining property and streets, as determined by the director of development and permits or designee.

8.

The storage of recreational vehicles and boats shall be prohibited unless a common storage/parking area is provided on the approved preliminary site plan scaled to the size of the development. Such area(s) shall be surfaced to provide all-weather access and shall be appropriately screened by landscaping and fencing.

9.

Evidence of compliance with the above standards shall be demonstrated through the preparation of a preliminary site plan in accordance with article 18 of this Code.

D.

Development standards for single-family detached dwelling unit subdivisions in the multi-family zoning districts. All subdivisions for the development of single-family detached dwelling units on individual lots shall comply with the development standards set forth for the R-10s, single-family district in accordance with section 6-1200 et seq. of this Code.

E.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 95-O-216, 11-21-95; Ord. No. 96-O-072, 5-21-96; Ord. No. 98-O-055, 4-21-98; Ord. No. 00-O-009, 1-18-00; Ord. No. 04-O-176, 12-21-04; Ord. No. 05-O-015, 3-8-05; Ord. No. 09-O-051, 5-19-09; Ord. No. 17-O-081, 11-21-17; Ord. No. 21-O-142, 12-21-21)

This district is intended for high-rise apartment and condominium development where three (3) or more dwelling units are located on the same lot with a residential density not exceeding thirty (30) dwelling units per acre in the urban overlay districts on properties located one-half (½) mile or less from an interstate highway (Interstate 64, Interstate 264, and Interstate 464).

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

A.

General site standards. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 20,000 square feet. (Note: Multifamily dwellings having a height in excess of thirty-five (35) feet shall obtain a conditional use permit in accordance with article 17 of this Code.)

2.

Minimum lot width, 100 feet.

Minimum lot frontage, 80 feet.

3.

Principal building setback (required yards).

a.

From streets, 30 feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From certain lot lines. From lot lines adjacent to property zoned or used for single-family detached development were the multifamily building contains more than four (4) dwelling units and/or exceeds two floors in height.

i.

Side yard, 15 feet plus 15 feet for each additional four dwelling units per building and/or additional floor.

ii.

Rear yard, 25 feet plus 15 feet for each additional four dwelling units per building and/or additional floor.

c.

From all other lot lines.

i.

Side yard, 20 feet.

ii.

Rear yard, 30 feet.

d.

All buildings must be located a minimum of 15 feet from all streets, parking bays, and drive aisles and a minimum of 15 feet shall be provided between buildings. For those multi-family developments with buildings exceeding three stories, an additional 10 feet shall be provided between buildings.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent.

5.

Maximum building height, 35 feet. (Note: This maximum building height may be increased in accordance with section 19-800 et seq. Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.)

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-MF-2 district shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102. All off-street parking spaces shall be paved in accordance with the specifications established in section 19-406.

C.

Special standards for R-MF-2 developments. Special standards for multifamily developments are set forth in section 6-1602(C) of this Code.

D.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 00-O-009, 1-18-00; Ord. No. 04-O-176, 12-21-04; Ord. No. 05-O-015, 3-8-05; Ord. No. 17-O-081, 11-21-17)

A.

R-SFA Residential districts. These districts were established under prior law to provide development standards for small lots which were lawfully platted before zoning district standards were developed or in accordance with a prior approved R-SFA zoning classification. R-SFA development standards may only be applied to land which has already been zoned R-SFA and platted into lots of less than eight thousand (8,000) square feet and may not be applied to any other property.

B.

R-6 Residential districts. R-6 development standards may only be applied to:

1.

Land located in the urban overlay district, as more fully described in article 5 of this zoning ordinance; and

2.

Land outside of the urban overlay district that has already been zoned R-6.

(Ord. No. 05-O-015, 3-8-05; Ord. No. 24-O-089, 8-20-24)

A.

General site standards. Only single-family dwelling units are permitted. (The Chesapeake health department may require larger lots, widths and setbacks where deemed necessary for adequate sewage disposal.)

1.

Minimum lot size, 6,000 square feet.

2.

Minimum lot width, 65 feet.

Minimum lot frontage, 52 feet.

3.

Principal building setback (required yards).

a.

From streets. There shall be a minimum front yard that represents the average established front yard setback (building line) for the block in which the property is situated. The average established front yard setback shall be determined by the zoning administrator, using dwellings located on the same side of the street within two hundred fifty (250) linear feet of the subject property, as measured from each side lot line. Where the zoning administrator is unable to determine an average established front yard setback, the required front yard setback shall be a minimum of twenty (20) feet. (Setback from streets 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, setbacks shall be measured as provided for in section 19-202.)

b.

From lot lines.

i.

Side yard. Five feet or in accordance with landscape buffer requirements, whichever is greater; provided that at least six feet of separation is maintained between the proposed building and any principal building on an adjacent lot. In addition, no fence, wall, barricade or other structure may be erected between adjacent principal buildings. In all other cases there shall be a side yard along each side of each building, and the sum of the widths of the two side yards shall not be less than 20 percent of the width of the lot. The minimum width of any such side yard shall not be less than six feet in width.

ii.

Rear yard. Fifteen feet or 15 percent of the length of the lot, whichever is greater.

c.

For purposes of measurement under this subsection, and notwithstanding anything to the contrary in this Code, roof overhangs, gutters, chimneys, awnings, canopies and uncovered terraces, decks, porches and patios shall be included in determining whether the expansion or alteration meets the minimum setback requirements set out above.

d.

Lawfully nonconforming lots. For lawfully nonconforming lots as provided for in article 15, the following side yard setbacks shall apply:

i.

For lawfully nonconforming lots with a lot width between twenty-five (25) feet and forty (40) feet each side yard shall be three (3) feet.

ii.

For lawfully nonconforming lots with a lot width between forty-one (41) feet and fifty-nine (59) feet each side yard shall be four (4) feet.

iii.

For lawfully nonconforming lots with a lot width between sixty (60) feet and sixty-four (64) feet each side yard shall be five (5) feet.

4.

Maximum lot coverage of all buildings and roofed structures, 35 percent. For lawfully nonconforming lots, as provided for in article 15 of this ordinance, with a lot width of forty (40) feet or less, the maximum lot coverage of all buildings and roofed structures shall be fifty (50) percent.

5.

Maximum building height, 35 feet. (Note: Under section 19-205, this maximum building height may be exceeded upon approval of a conditional use permit.) For lawfully nonconforming lots, as provided for in article 15 of this ordinance, with a lot width of thirty-seven (37) feet or less, the maximum building height for newly constructed dwellings shall be twenty-seven (27) feet, and no such dwelling shall exceed two (2) stories.

B.

Off-street parking. The minimum off-street parking requirements for each use in the R-6 and R-SFA districts shall be determined from the standards set forth for the applicable parking group as defined in section 19-411 and from the "parking" column on the use schedule established under section 6-2102.

C.

Other development standards. Other development standards pertaining to all residential districts are set out in section 6-2000 et seq.

D.

Special site standards. The following site standards shall strictly apply to the R-6 and R-SFA districts.

1.

No building or structure shall encroach into the visibility clearance areas required by section 19-204 of this Code or otherwise interfere with or impede traffic visibility, as determined by the department of public works.

2.

No building or structure shall encroach into any easement for public water, sewer or drainage unless written consent has been granted by the affected city department.

(Ord. No. 96-O-072, 5-21-96; Ord. No. 96-O-176, 11-19-96; Ord. No. 03-O-074, 6-17-03; Ord. No. 05-O-015, 3-8-05; Ord. No. 06-O-023, 2-21-06; Ord. No. 17-O-081, 11-21-17)

A.

Administrative approvals. In cases where the zoning administrator determines an existing principal residential structure to be legally nonconforming, the zoning administrator may issue a building permit for the replacement of such structure, provided that each of the following conditions is met:

1.

The applicant provides a survey showing lot dimensions and the exact location of existing structures thereon, if requested by the zoning administrator to establish the extent of the nonconformity.

2.

The nonconforming principal residential structure is located on a lawful nonconforming lot of record.

3.

Notwithstanding anything to the contrary in section 19-202 and other provisions of this Code, the replacement structure, including, without limitation, roof overhangs, gutters, chimneys, awnings, canopies and uncovered terraces, decks, porches and patios, is set back at least three (3) feet from all property lines and public rights-of-way.

4.

The replacement structure, including without limitation, roof overhangs, gutters, chimneys, awnings, canopies and uncovered terraces, decks, porches and patios, does not extend beyond established nonconforming building lines, thereby ensuring that the replacement structure does not encroach further into a setback than does the existing nonconforming structure.

5.

The lot coverage of all existing and proposed structures on the nonconforming lot does not exceed sixty (60) percent of the lot area.

6.

The replacement structure does not encroach into the visibility clearance areas required by section 19-204 of the ordinance, and the director of development and permits, or designee, determines that the replacement structure will not otherwise interfere with or impede traffic visibility.

7.

The replacement structure does not encroach into any easement for public water, sewer or drainage unless written consent has been granted by the affected city department.

8.

The applicant remits all building permit fees and otherwise complies with all applicable city ordinances.

Written notice is mailed to all adjacent properties, including those located directly across any street or right-of-way on which the nonconforming lot abuts, and no objection is received from the owners or occupants of such properties. The applicant for the building permit shall be responsible for providing the zoning administrator with a list of names of all adjacent property owners and/or occupants and a stamped, addressed envelope for each such owner and occupant identified on the list. The adjacent property owners and occupants shall be given fifteen (15) consecutive days from the date of the written notice in which to make any objections known to the zoning administrator. No building permit may be issued during this fifteen (15) day period, nor may a building permit be issued if one or more objections are received from an owner or occupant of the adjacent property. The applicant shall be solely responsible for the accuracy of the list of adjacent properties and in the event the zoning administrator finds the list to be erroneous in any substantive manner, the building permit issued for the addition, enlargement or replacement structure shall be null and void.

In the event an application to replace a nonconforming structure fails to meet one or more of the criteria set out above, or in the event the zoning administrator receives an objection from the owner or occupant of any adjacent property, the zoning administrator shall deny the requested building permit. The property owner may then request a variance to setbacks from the board of zoning appeals in accordance with article 20 of this Code.

B.

Expiration due to noncompletion. Notwithstanding anything to the contrary in this Code, any building permit issued under this section shall expire if the replacement of the nonconforming principal residential structure is not completed within two years of the date the permit was issued or special exception granted.

C.

Nonconforming buildings damaged by casualty. This section shall not apply to the replacement of principal nonconforming residential structures damaged by casualty and qualifying for replacement under section 15-105 of this Code.

D.

Expansions and alterations. Expansions and alterations of principal nonconforming residential structures may be permitted in the R-6 or R-SFA districts in accordance with section 15-103 or 15-105 of this Code.

(Ord. No. 03-O-028, 3-18-03; Ord. No. 09-O-051, 5-19-09)

Editor's note— Ord. No. 03-O-028, adopted March 18, 2003, amended § 6-1803 in its entirety to read as herein set out. Formerly, § 6-1803 pertained to the enlargement or replacement of nonconforming structures and derived from Ord. No. 98-O-121, adopted August 25, 1998.

A.

Those properties in the city currently zoned as being R-15 residential district shall be developed in accordance with the standards applicable to property located in the R-15s or R-15(a)s zoning district classification under this zoning ordinance, unless those properties are located in a planned unit development (PUD), or a special overlay district, which provides alternative development standards.

B.

Those properties in the city currently zoned as being R-8s residential district shall be developed in the R-8 zoning district classification under this zoning ordinance, unless those properties are located in a planned unit development (PUD), or a special overlay district, which provides alternative development standards.

A.

No more than one principal building or structure shall be located on a residential lot. Any building or structure containing a dwelling unit shall be deemed a principal building or structure in residential zoning districts. All other buildings and structures must be accessory to the principal residential building on the lot.

B.

No principal use, other than residential, shall be conducted on a lot located in a residential zoning district. All other uses must be accessory to the principal, including home occupations as defined in article 14 of this Code. For regulations covering portable storage containers see section 13-402.D. of this Code.

(Ord. No. 95-O-055, 3-21-95; Ord. No. 04-O-096, 6-15-04; Ord. No. 04-O-101, 7-13-04)

A.

Definition. For the purposes of this section, the phrase "major recreational equipment" is defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on motor vehicles), motorized dwellings, tent trailers, racing and recreational cars and/or motorcycles not licensed for use on public streets and highways and utility trailers; similar devices or structures; and cases, boxes and trailers designed or used for transporting recreational equipment, whether or not they contain such equipment.

B.

Limitations. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the nearest portion of a building to a street; provided, however, that such equipment may be parked anywhere on residential premises for not longer than twenty-four (24) hours during loading and unloading.

C.

Prohibition of use when parked or stored. No major recreational equipment shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot or in any other location not specifically approved for such use.

(Ord. No. 05-O-073, 6-21-05; Ord. No. 23-O-093, 9-19-23)

A.

Prohibition of vehicles over a specified size. The parking and storage of a commercial vehicle, as defined by section 3-403 of this ordinance, exceeding nine (9) feet in height or twenty-two (22) feet in length is prohibited in all residential districts; except that one (1) self-propelled commercial vehicle exceeding these limitations may be parked in an enclosed garage or other enclosed accessory structure on a residential parcel consisting of one (1) acre or more as long as it is lawfully titled and registered with the department of motor vehicles.

B.

Limitation on smaller commercial vehicles. Commercial vehicles of a smaller size than the dimensions described in subsection A. may be parked in residential districts subject to the following conditions:

1.

Self-propelled commercial vehicles.

a.

Only one (1) self-propelled commercial vehicle may be parked on or in front of any residential lot if it is used by a resident of such lot, except where the commercial vehicle is associated with the maintenance of a multifamily residential development and is parked in an area specifically identified for such commercial vehicles.

b.

No portion of any signs shall project more than one (1) foot above the portion of the motor vehicle to which they are affixed.

2.

Non-self-propelled commercial vehicles.

a.

A non-self-propelled commercial vehicle must be parked in an enclosed garage, accessory building, or rear yard.

b.

A non-self-propelled commercial vehicle shall only be parked on a residential lot if it is used by a resident of such lot.

C.

Exception for commercial vehicles within temporary construction site. Commercial vehicles directly associated with an ongoing construction project may be parked in a residential district within a temporary construction site meeting the requirements of section 13-1503.

D.

Normal loading and unloading permitted. This section shall not be interpreted to prohibit commercial vehicles from carrying out normal loading and unloading activities in any residential district.

(Ord. No. 05-O-073, 6-21-05; Ord. No. 13-O-109, 9-17-13; Ord. No. 22-O-080, 7-19-22; Ord. No. 22-O-125, 12-20-22; Ord. No. 25-O-008, 2-18-25)

Editor's note— Ord. No. 18-O-017, adopted February 20, 2018, repealed the former section 6-2004 in its entirety, which pertained to horses and other livestock, and derived from original codification.

A.

In general. The following tables set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council in all residential districts in the city. Where a use is not listed, it shall not be allowed as a permitted or conditional use in these districts; provided, however, that in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.

B.

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

C.

Special conditions pertaining to specific uses. In the table below, the numbers shown in the column entitled "condition" shall have the following meanings:

1.

Limited to the R-TH-1 residential district only.

2.

Limited to the RE-1 residential estate district only.

3.

Multifamily dwellings having a height in excess of thirty-five (35) feet shall obtain a conditional use permit in accordance with article 17 of this Code.

4.

In accordance with section 14-300 of this Code.

5.

Unless otherwise permitted by this ordinance, the keeping of small and large livestock other than swine shall only be permitted as an accessory use on lots within the RE-1 district; provided that all stables and enclosures shall be located in accordance with section 14-102.B of this ordinance. In no event shall swine be permitted on property zoned RE-1, with the exception of Vietnamese potbellied pigs, which may be kept in conformance with the criteria in section 14-903 of this ordinance. RE-1 lots keeping livestock shall be subject to the table below which provides the permitted animal units for large and small animals. In determining the number of livestock permitted, combinations of animals are allowed, provided that the required ratio is not exceeded. Further, only acreage within the RE-1 zoning district may be used to count toward the permitted number of animal units.

6.

Reserved.

7.

Limited to offices for doctors, lawyers, dentists, architects, accountants and engineers or other similar profession as approved by the zoning administrator conducted within the principal residential building but only by a person residing in such building, provided that (1) not more than one person not a resident of the premises is employed; (2) not more than 25 percent of the total floor area in any dwelling is devoted to such use; and (3) no traffic or parking generated will be greater in volume than would normally be expected in a residential neighborhood. This provision shall not apply to any use prohibited as a home occupation under section 14-302 of this Code.

8.

See section 14-102(B)(7) of this Code for supplemental regulations.

9.

In accordance with chapter 26, article VII (section 26-221 et seq.), of the city Code and section 13-1200 et seq. of this Code.

10.

See section 13-1700 et seq. of this Code for supplemental regulations.

11.

See section 13-1400 et seq. of this Code for supplemental regulations.

12.

Administrative-review eligible projects shall be permitted subject to the requirements of section 13-602 et seq. of this ordinance.

13.

No such establishment shall be used for private gain.

14.

See section 13-1000 et seq. of this Code for supplemental regulations.

15.

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

16.

An assembly use located in, or that will be located in, a building containing more than one leasable space and required to obtain a conditional use permit shall submit all of the following in addition to the requirements of article 17 of this Code:

a.

A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section 19-411 of this Code or by obtaining approval of a cooperative parking arrangement under section 19-405 of this section. If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included.

b.

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

c.

A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended.

d.

A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space.

Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code, as amended.

17.

There shall be no more than ten persons housed on one lot and all operations shall be operated and licensed in accordance with all city and state regulations.

18.

See section 14-800 of this Code for supplemental regulations.

19.

See section 14-102(B)(7) of this Code for supplemental regulations.

20.

See section 13-2000 et seq. of this Code for supplemental regulations.

21.

See section 13-2100 et seq. of this Code for supplemental regulations.

22.

See section 14-900 et seq. of this Code for supplemental regulations.

23.

See section 13-200 of this Code for supplemental regulations.

24.

Two-family developments are permitted in the R-10 district and multifamily districts only.

25.

See section 14-904 of this Code for supplemental regulations.

26.

See section 13-2200 et seq. of this Code for supplemental regulations.

27.

See section 13-1500 et seq. of this Code for supplemental regulations.

28.

Permitted only on municipal (Chesapeake) sites.

29.

See section 13-1200 et seq. of this ordinance for supplemental regulations.

30.

Bed and breakfast/tourist home establishments shall be permitted as a conditional use in the Chesapeake Historic and Cultural Preservation Overlay District only. The establishment shall be in accordance with all regulations in section 13-600 et seq. of this Code.

31.

A conditional use permit shall be required for any central disposal system, including but not limited to, private sewage package plants, and for any regional drainfield serving more than one residential dwelling unit. In addition to the criteria in article 17 of this ordinance, city council shall apply the level of service tests for roads and schools set out in Planning and Land Use Policy in the adopted Comprehensive Plan. The stipulations imposed on this conditional use permit shall be in compliance with the dictates of Virginia Code Section 15.2-2157. An individual septic system that serves only one residential dwelling unit shall be exempt from the conditional use permit requirement.

32.

See section 14-104 of this Code for supplemental regulations.

33.

See section 14-905 of this Code for supplemental regulations.

34.

See section 13-1405 of this Code for supplemental regulations.

35.

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

(Ord. No. 94-O-180, 9-20-94; Ord. No. 95-O-195, 10-17-95; Ord. No. 96-O-072, 5-21-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-176, 11-19-96; Ord. No. 00-O-009, 1-18-00; Ord. No. 01-O-032, 4-17-01; Ord. No. 01-O-053, 6-20-01; Ord. No. 01-O-098, 10-16-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-075, 6-21-05; Ord. No. 05-O-147, 11-22-05; Ord. No. 09-O-005, 1-20-09; Ord. No. 13-O-111, 9-17-13; Ord. No. 15-O-090, 6-16-15; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-017, 2-20-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19)

SECTION 6-2102. TABLE OF PERMITTED AND CONDITIONAL USES
IN RESIDENTIAL DISTRICTS

(Ord. No. 95-O-195, 10-17-95; Ord. No. 96-O-072, 5-21-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-147, 11-22-05; Ord. No. 07-O-168, 10-16-07; Ord. No. 13-O-111, 9-17-13; Ord. No. 15-O-090, 6-16-15; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-017, 2-20-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 23-O-109, 11-28-23; Ord. No. 24-O-088, 8-20-24)

*See section 6-2101(C)

**See section 19-411

_____

A.

Purpose. In conformance with state enabling legislation, the purposes of this section, among others, are as follows:

1.

To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, streams, floodplains, and wetlands, by setting them aside from development;

2.

To provide greater design flexibility and efficiency in the siting of services and infrastructure, including the opportunity to reduce length of roads, utility lines, and the amount of paving required for residential development;

3.

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups, and residential preferences, so that the city's population diversity may be maintained;

4.

To implement adopted city policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as designated in the city's comprehensive plan, the Chesapeake Bay preservation area district ordinance, and the rural overlay district;

5.

To provide incentives to create a conservation corridor system for the Southern Watershed Area as defined in the "Memorandum of Agreement to Improve the Coordination of the Wetlands Compensation Process in the Southern Watershed Area," for the benefit of present and future residents;

6.

To implement adopted land use, transportation, and community policies, as identified in the city's comprehensive plan;

7.

To protect areas of the city with productive agricultural soils for continued or future agricultural use by conserving blocks of land large enough to allow for efficient farm operations;

8.

To create communities with strong neighborhood identities, visual access to open land, and amenities in the form of neighborhood open space;

9.

To provide for the conservation and maintenance of open land within the city to achieve the above-mentioned goals and for active or passive recreational use by residents;

10.

To provide multiple options for landowners in order to minimize impacts on environmental resources (sensitive lands such as wetlands and floodplains) and disturbance of natural or cultural features (such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, archeological sites, historic buildings and properties, and breastworks);

11.

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and

12.

To conserve scenic views and elements of the city's rural character, and to alter perceived density, by minimizing views of new development from existing roads.

B.

Application. This section 6-2200 et seq. shall apply to all permitted and conditional residential cluster developments that have not received a conditional use permit for cluster development prior to the effective date of this amendment.

(Ord. No. 04-O-079, 5-18-04; Ord. No. 05-O-014, 3-8-05)

All cluster developments shall be governed by the following minimum standards:

A.

Ownership. The tract of land may be held in single and separate ownership or in multiple ownership. However, when a tract is held in multiple ownership, it shall be planned as a single development, with common authority and common responsibility among all property owners.

B.

Site suitability. as evidenced by the existing resources and site analysis map, the preliminary subdivision plan, and the final subdivision plan, as described in article VI of chapter 70 of the City Code, the property incorporating the cluster design shall be suitable for supporting development in terms of zoning, size, configuration and environmental conditions.

C.

Intersections and access. New intersections with existing public roads shall be minimized. Although two (2) access ways are generally required to ensure emergency access to subdivisions containing more than one hundred fifty (150) dwellings, proposals for more than two (2) entrances on public roads shall be discouraged and denied if the director of development and permits, or designee, determines that more than two (2) accesses would unnecessarily disrupt traffic flow or result in traffic hazards.

D.

Sensitive area disturbance. The cluster development shall strictly minimize disturbance of environmentally sensitive areas shown on the existing resources and site analysis map. Lands containing wetlands; threatened, rare or endangered species; or CBPA resource protection areas constitute such environmentally sensitive areas, where disturbance shall be strictly minimized. Demonstration by the applicant that these features will be protected by the proposed cluster development shall be prerequisite to approval of both the preliminary subdivision plan and the final subdivision plan.

E.

Private sewer disposal systems. In cluster developments that are to be served by private sewer disposal systems, the selection of a wastewater treatment technique shall conform to section 70-141 and section 70-142 of the City Code. Private sewer disposal systems, whether serving the community or individual lots, shall be provided where public utilities are not available or required by the City Code or by applicable policies relating to availability and extension, including, but not limited, to the HRSD service area and franchise area policies. Notwithstanding anything to the contrary in this section, the use of a regional drainfield serving more than one residential dwelling unit, or the use of a central disposal system, including but not limited to, private sewage package plants, shall be a conditional use.

F.

Conditional use permit required. The following types of cluster developments shall require a conditional use permit approved by city council in accordance with Article 17 of this ordinance and the criteria set forth herein:

1.

Cluster developments which propose increases in allowable density beyond that permitted in the underlying zoning district pursuant to section 6-2210 of this Code.

2.

Cluster developments consisting of more than five (5) lots in the A-1 Agricultural District, in accordance with section 6-2210 below.

3.

Cluster developments which are located wholly or partially in the Fentress Airfield Overlay District as established in section 12-400 et seq. of this ordinance, including but not limited to Noise Zones 65 dB DNL or greater and Accidental Potential Zones 1 and 2.

4.

Cluster developments using a regional drainfield serving more than one residential dwelling unit, or using a central disposal system, including but not limited to, one or more private sewage package plants.

5.

Cluster developments containing any use, building or improvement for which a conditional use permit is required by the City Code or this ordinance [dated August 15, 2006].

G.

Criteria for conditional uses. Cluster developments requiring a conditional use permit shall be subject to the following:

1.

Article 17 of this ordinance, which governs the conditional use permit process and sets forth general criteria for all conditional uses.

2.

Other applicable provisions of this ordinance regulating particular types of conditional uses.

3.

The level of service tests for roads and schools set out in the Planning and Land Use Policy of the 2026 Comprehensive Plan.

4.

For cluster developments located wholly or partially in the Fentress Airfield Overlay District, the requirements in section 12-400 et seq. of this ordinance shall apply. Additionally, no dwelling unit or other incompatible use set forth in table 1 or table 2 of section 12-406 shall be located in Noise Zone 70 - 75 dB DNL or Noise Zone greater than 75 dB DNL or within Accident Potential Zone I (APZ-I).

(Ord. No. 04-O-079, 5-18-04; Ord. No. 05-O-147, 11-22-05; Ord. No. 06-O-104, 8-15-06; Ord. No. 09-O-051, 5-19-09)

Property in residential cluster developments may be used for the following purposes only. All such uses shall be designated on the preliminary subdivision plan and final subdivision plan approved for the cluster development.

A.

Residential.

1.

Detached single-family dwellings in the A-1, RE-1, R-40, R-40(a)(s), R-25, R-25(a)s, R-15, R-15(a)s, R-12, R-12(a)s, R-10, R-10s and R-8 zoning districts.

2.

Residential buildings for attached single-family dwellings in the R-10, R-10s, and R-8 zoning districts, up to a maximum of forty (40) percent of the total number of allowable units. Attached single-family residential buildings shall use equivalent materials to detached single-family homes and be of compatible design.

B.

Non-residential. Conservation land shall be provided and used for nonresidential purposes only in accordance with the requirements of section 6-2204 below entitled, "Conservation Land Use and Design Standards." Nonresidential uses of designated conservation land shall be subject to the standards in section 6-2209 below entitled, "Ownership and Maintenance of Conservation and Common Facilities."

C.

Accessory uses. Accessory uses shall be permitted on the same lot with, and as customarily incidental to, any permitted principal use. Accessory uses shall not be conducted as an independent principal use, as determined by the zoning administrator.

(Ord. No. 04-O-079, 5-18-04)

All cluster developments shall be subject to the following:

A.

Density standards. The maximum allowable residential density for permitted cluster developments shall be calculated by multiplying the total net developable area of the site, as determined in accordance with section 19-201 and section 5-600 of this Code, by a residential density figure for the zoning district in which the said parcel is located. The residential density figures for each zoning district are as follows:

Increased densities, and in the case of the A-1 Agricultural District, an increase in the number of lots beyond five, shall only be permitted with the issuance of a conditional use permit by city council.

B.

Dimensional standards.

1.

Minimum overall tract size: 10 acres.

2.

Required conservation land. Each cluster development must include a minimum percentage of the total net developable area of the site, determined in accordance with section 19-201 and section 5-600 of this Code, as conservation land. The required percentage of total net developable area to be preserved as conservation land in each zoning district is as follows:

Notwithstanding the foregoing, a minimum of three (3) acres of required conservation land shall be provided. The percentages set out above must be met by areas other than i) CBPA resource protection areas and ii) land excluded from calculation of "residential density" in section 5-600 of this Code. These lands shall be designated as primary conservation areas (PCAs) but shall not be counted toward meeting the required percentage of conservation land set out above. Required conservation land is subject to reduction only through approved credits in accordance with section 6-2209 below. Conservation land shall not be included in residential lots or used for residential purposes.

3.

Minimum residential lot area. Cluster residential lots shall have a minimum lot area of seven thousand (7,000) square feet, except that lots in the RE-1 residential estate district and the A-1 agricultural district must have a minimum lot area of one (1) acre.

4.

Minimum residential lot width measured at required front yard. Seventy-five (75) feet, except that in the RE-1 residential estate district and the A-1 agricultural district, the minimum residential lot width, measured at the required front yard, shall be one hundred twenty-five (125) feet.

5.

Minimum residential lot street frontage. Twenty (20) feet as measured from the reservation line, or if no reservation line, then from the right-of-way.

6.

Minimum residential lot yards. Variations in the principal building position and orientation are encouraged, but all residential development shall meet the following minimum standards:

a.

Required front yard. Twenty (20) feet, except that in the RE-1 residential estate district and the A-1 agricultural district, the minimum required front yard shall be forty (40) feet. Required front yards shall be measured from the reservation line, or if no reservation line, then from the right-of-way.

b.

Required rear yard. Twenty (20) feet if the rear yard is adjacent to designated conservation land, twenty-five (25) feet if not. In the RE-1 residential estate district and the A-1 agricultural district, a minimum 50-foot rear yard is required, with a ten-foot reduction if the rear yard abuts designated conservation land.

c.

Required side yard. Ten (10) feet on each side, except that in the RE-1 residential estate district and the A-1 agricultural district, a 25-foot side yard is required on each side.

d.

Accessory structures. Five (5) feet from side and rear property lines. In the RE-1 residential estate district and A-1 agricultural district, a ten-foot setback from side and rear property lines shall be required. In no event shall an accessory structure be placed in front of an established front yard, unless otherwise provided in this Code in the case of secondary front yards of through lots and corner lots.

e.

Additional setbacks. Additional setbacks are provided in section 6-2206 below.

7.

Maximum height of buildings and structures. Thirty-five (35) feet throughout the cluster development, unless a conditional use permit is issued by city council under section 19-205 of this Code.

C.

Other regulations. All cluster developments shall meet all other development standards, use restrictions, and supplemental regulations applicable in the underlying zoning district not inconsistent with this section 6-2200. Where a conflict exists, the requirements of this section 6-2200 shall govern.

(Ord. No. 04-O-079, 5-18-04)

Designated conservation land in all cluster developments shall meet the following minimum standards:

A.

Permitted uses. Only the following uses are permitted on designated conservation land:

1.

Conservation of open land in its natural state, including woodlands, arboreta, fallow fields, wildlife sanctuaries, game preserves, or managed meadow.

2.

Agricultural and horticultural uses, including raising crops; grazing of certain livestock, including horses, cows, and sheep; wholesale nurseries; and buildings and structures, excluding residences and accessory residential structures, that are specifically needed to support an active, viable agricultural or horticultural use. Specifically excluded are livestock operations involving swine, poultry, mink, and dairy.

3.

Pastureland and equestrian areas for horses used for recreational purposes are permitted but may not consume more than three-quarters (¾) of the minimum required conservation land.

4.

Silvicultural activities in keeping with standards established by the state department of forestry for selective harvesting and sustained yield forestry.

5.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses, specifically excluding buildings, motorized off-road vehicles, shooting ranges, and other uses similar in character and potential impact, as determined by the planning director or designee.

6.

Public parks and other noncommercial active recreational uses, including playing fields, playgrounds, courts, and impervious bikeways, provided such facilities do not cover more than fifty (50) percent of the minimum required conservation land. Playing fields, playgrounds, and courts shall not be located within one hundred (100) feet of abutting property lines. Buildings and structures incidental to playing fields, playgrounds and courts shall not exceed three thousand (3,000) square feet in total combined area. Playground equipment shall be of neutral or earth-tone colors. Parking areas for approved noncommercial recreational use shall also be permitted, if gravel-surfaced, unlighted, and properly drained. Such parking areas shall contain no more than ten (10) parking spaces, with sufficient area for safe ingress and egress, as determined by the department of public works.

7.

Commercial and public golf courses, including cart barns, parking areas, club houses and other accessory structures, as determined by the zoning administrator, may constitute up to one-half of the minimum required conservation land but shall not include driving ranges or miniature golf facilities. Parking areas and accessory buildings and structures shall not count toward meeting the minimum required conservation land. Such excluded parking areas and access lanes may be paved and lighted.

8.

Storm water management areas shall be designed, landscaped, and made available for use as an integral part of the designated conservation land as follows:

a.

Retention and detention areas shall meander through the subdivision as a greenbelt, rather than as a single basin. Retention areas shall be improved so as to be useable and accessible for recreational purposes. Retention areas shall not inundated to the extent that they are unusable for their designated recreational purposes.

b.

Retention and detention areas shall be designed with a natural character and shall be constructed of natural materials. Terracing, berming, and contouring is required in order to naturalize and enhance the aesthetics of the basin. Such features shall be approved by the director of planning or designee. Basin slopes shall not exceed a three to one slope.

These areas shall not be counted toward required conservation land.

9.

Public utility buildings, structures and uses essential to the cluster development, although these areas shall not be counted toward required conservation land. Specifically excluded are communication towers, containers, business facilities, storage of materials, trucking facilities, repair facilities, housing of repair crews, solid waste management facilities and activities of similar nature and impact, as determined by the zoning administrator.

10.

Easements for public and private drainage facilities, sewer and water facilities, public access, emergency vehicle access, fire hydrants, dry hydrants with water supply tanks, and other public purposes. Such easements shall not count toward meeting the minimum required conservation land.

11.

Streets may traverse conservation areas but shall not count toward meeting the minimum required conservation land.

B.

Design standards for conservation land. The following design standards are required for all designated conservation land:

1.

Designated conservation land shall be configured in general accordance with the city's map of potential conservation lands set out in the comprehensive plan to ensure that an interconnected network of open space will be provided to the greatest extent possible.

2.

Designated conservation land shall consist of primary conservation areas (PCAs) and secondary conservation areas (SCAS). PCAS must be included in the designated conservation land but shall not count toward meeting the required percentage of conservation land in section 6-2204 above.

a.

PCAs shall include all undevelopable lands, including water features, tidal wetlands, and Chesapeake Bay Preservation Area (CBPA) resource protection areas, as well as those areas listed in section 5-600 of this Code as being deducted from the total parcel acreage in calculating residential densities.

b.

SCAs shall include special features of the property, such as historical structures or sites and nontidal wetlands, that could otherwise be overlooked during the development process. Examples of such features are listed and described in section 70-203 of the City Code.

3.

To the extent practicable, designated conservation land shall be contiguous. In addition, designated conservation land shall adhere to the following criteria:

a.

Open areas shall be visible from at least one (1) adjoining arterial or collector street.

b.

The layout of the designated conservation land shall maximize frontage on a public street. Minimum frontage at the right-of-way line shall be two-hundred (200) feet. Each lot containing conservation land must only have one frontage that measures two-hundred (200) feet along a right-of-way line. All other frontages shall each be at least seventy-five (75) feet along a right-of-way line.

c.

Designated conservation land shall be maintained for the approved purposes and may not be separately sold, subdivided, or developed, except as expressly provided in subsection d. below.

d.

Notwithstanding the foregoing or the requirements of any conditional use permit for a cluster development approved prior to the effective date of the 2004 amendment of this Code, the city council may approve the disposal of open space accepted by the city as part of a conditional cluster development, provided that the directors of planning and parks and recreation jointly find that 1) due to size, shape, location or condition, the property is not needed for recreational or open space purposes; 2) adequate park and open space is available to the residents of the cluster development; and 3) the property is overly costly to maintain when weighed against the public benefit of retaining the land. In no event shall this subsection authorize the disposal of more than twenty-five (25) percent of the open space required by the approved conditional use permit for the cluster development. Additionally, no conveyance of the open space shall be made until city council has 1) held a duly advertised public hearing; 2) sent written notification of the time, place and purpose of the public hearing to all adjacent property owners and any property owners association for the cluster development at least fourteen (14) days in advance of the public hearing; and 3) approved the conveyance by a three-fourths (¾) vote of all members, as required by state law. No conveyance shall be approved or made for private gain. Conveyance shall be limited to grantees recognized under federal tax laws as non-profit organizations and shall be subject to restrictive covenants to use the property for the benefit of the public good.

4.

Designated conservation land may be owned and maintained by the city, a property owners association, a conservation land trust, a nonprofit conservation organization approved by the city, or by one or more private individuals under a permanent conservation easement. These ownership options may be combined so that different parts of the conservation land may be owned by different entities. All designated owners must indicate a willingness to accept the conservation land prior to approval of the final subdivision plan for the cluster development.

5.

Where a cluster development adjoins public parkland, the designated conservation land shall be situated adjacent to the park to the maximum extent practicable. In cases where conservation land does not adjoin public parkland, a natural conservation buffer at least one hundred fifty (150) feet in width shall be provided within the cluster development along its common boundary with adjacent property. No new buildings or structures shall be constructed in the 150-foot buffer; nor shall any clearing of trees or understory growth be permitted unless approved by the planning director or designee as necessary for street or trail construction, active recreational facilities, public and private utilities subsurface septic disposal system, spray irrigation systems, or stormwater management facilities. Where the 150-foot buffer is unwooded or sparsely wooded, the planning director or designee may require that vegetative screening be planted or that the buffer be managed to encourage natural forest succession through "no-mow" practices and the periodic removal of invasive alien plant and tree species.

C.

Other requirements.

1.

No portion of any residential lot may be used for meeting the minimum required conservation land. However, active agricultural land with farm buildings, excluding areas used for residences and residential accessory buildings or structures, may be used to meet the minimum required conservation land.

2.

Pedestrian and maintenance access to the designated conservation land, excluding those lands actively used for agricultural or horticultural purposes, shall be provided in accordance with the following requirements:

a.

One centrally located access point shall be provided for every fifteen (15) lots or dwellings. Said access shall be a minimum of thirty-five (35) feet in width.

b.

Access to designated conservation land used for agricultural or horticultural purposes may be appropriately restricted or denied as necessary to promote public safety and prevent interference with agricultural and horticultural operations.

3.

All designated conservation land that is not wooded, farmed, or managed as meadows shall be landscaped in accordance with chapter 70 of the City Code (subdivision ordinance) and article 19 of this Code (landscape ordinance). Notwithstanding these requirements, active recreational areas shall have a minimum canopy coverage of ten (10) percent of total conservation land area and passive recreational areas shall have a minimum canopy coverage of twenty (20) percent of total conservation land area, as approved by the director of planning or designee. Additional buffers are also required as specified elsewhere in this section 6-2200 and in chapter 70 of the City Code.

4.

Designated conservation land may be credited toward the open space land dedication requirements of section 19-700 of this Code; however, in lieu fees will be assessed unless required improvements are provided.

(Ord. No. 04-O-079, 5-18-04; Ord. No. 05-O-071, 6-21-05)

A.

Additional setbacks for dwelling units. In addition to the minimum yard requirements in section 6-2204 above, all newly constructed dwellings units shall meet the following minimum setbacks:

1.

From the ultimate right-of-way of all off-site streets, one hundred (100) feet in all residential districts except that in the RE-1 residential estate district and the A-1 agricultural district, a 300-foot setback shall be required.

2.

From cropland or pasture land: One hundred (100) feet.

3.

From buildings, barnyards, shelters or pens housing livestock: Three hundred (300) feet.

4.

From active recreation areas, such as courts or playing fields (not including "tot-lot" playgrounds): Seventy-five (75) feet.

5.

From passive recreation areas (including "tot-lot" playgrounds): Fifty (50) feet.

B.

Screening of residential development. Views of residential lots from off-site streets and abutting properties shall be minimized by the use of changes in topography, berms, existing vegetation, or additional landscaping that meets or exceeds the landscaping requirements of the subdivision ordinance and the landscape ordinance, as determined by the planning director or designee.

C.

Access to residential lots. All residential lots shall be accessed from interior streets rather than from streets bordering the cluster development.

D.

Location of residential lots. At least seventy-five (75) percent of the residential lots shall directly abut, or be located directly across the street from, the designated conservation land.

E.

Street buffers. Street buffers shall be required along all off-site existing and reserved arterial streets, as follows:

(1)

The buffer shall be no less than seventy-five (75) feet in width;

(2)

The buffer shall be exclusive of residential lots and shall be free of buildings, structures, improvements and parking, except for the following allowable improvements:

(a)

An entrance road approved by the department of public works;

(b)

Signs in a residential community to the extent permitted by section 14-700 of this Code or by subsection F. below;

(c)

Bicycle, pedestrian and recreational paths;

(d)

Public utility facilities; and

(e)

Retention and detention areas and stormwater management facilities approved by the department of public works.

(3)

In cases where street buffers contain bicycle, pedestrian or recreational trails that provide an approved link to a community trail system or conservation land area, the street buffer area be counted toward meeting the required conservation land. Street buffers with any of the other allowable improvements specified in subsection E.(2) above shall not be counted toward meeting the required designated conservation land.

(4)

If the street buffer is non-wooded, or lacks sufficient vegetative screening as determined by the director of planning or designee, the applicant shall install vegetation that is twice the required street frontage buffer in the landscape ordinance.

F.

Signs located at a community entrance. Notwithstanding anything to the contrary in section 14-700 et seq. of this Code, one (1) detached sign is permitted at each community entrance from an offsite public street, provided that each such sign meets the following criteria.

(1)

Has a maximum area of thirty-two (32) square feet;

(2)

Has a maximum height of eight (8) feet;

(3)

Is located at least fifty (50) feet from any residence;

(4)

Is located at least fifteen (15) feet from any public street right-of-way line (including, without limitation, alleys and drive aisles) or other property line;

(5)

Is not illuminated; and

(6)

Includes a landscaped area around the base of the sign at least twice the size of the sign area. Such landscaped area shall be a minimum of four (4) feet in width; protected from vehicular encroachment; and planted with a combination of low-growing shrubs and groundcovers (other than grass), including at least four (4) small shrubs as approved by the planning director or designee. The vegetation shall be designed and maintained to a maximum a height of four (4) feet above the grade.

G.

Trails. The cluster development shall include bicycle, pedestrian and/or recreational trails which connect cul-de-sacs to one another and to designated conservation land. In the alternative, the cluster development shall include the provision of sidewalks on both sides of all internal streets, including the entrance road, or a combination of sidewalks and trails, as approved by the planning director or designee. Trails shall be constructed in accordance with section 70-207 of the subdivision ordinance.

H.

Street design. Street layout and design shall meet the requirements in section 70-210 of the subdivision ordinance.

(Ord. No. 04-O-079, 5-18-04; Ord. No. 18-O-028, 3-20-18)

A.

Conservation easements required. Conservation land that is required to be designated, established and preserved in cluster developments shall be subject to permanent conservation easements or deed restrictions prohibiting future development and defining the range of permitted activities. The clearing of woodlands shall be prohibited, except as necessary to establish approved streets, trails and active recreational facilities or to install approved public and private utilities, subsurface septic disposal systems, spray irrigation facilities or stormwater management facilities. The determination of necessity for clearing shall be vested in the planning director or designee. A list of permitted uses of designated conservation land is contained in sections 6-2203 and 6-2205 above.

B.

Implementation. The applicant shall record the required permanent conservation easement prior to or simultaneously with the recordation of any final subdivision plat for any portion of a cluster development.

(Ord. No. 04-O-079, 5-18-04)

A.

Development restrictions. All conservation land shall be permanently restricted from future subdivision and development by a permanent conservation easement. Under no circumstances shall any development be permitted in the designated conservation land at any time, except for approved uses listed in sections 6-2203 and 6-2205 above. All conservation easements shall be subject to the approval of the city attorney.

B.

Ownership options. The following forms of ownership are available, either individually or in combination, for designated conservation land; however, the conservation land shall be initially offered for dedication to the city. Designated conservation land shall not be transferred or conveyed to any individual or entity except as permitted and approved under this section 6-2200. No transfer or conveyance shall result in a change in the conservation land or in the ratio of the conservation land to the entire cluster development. Ownership options shall include one or more of the following:

1.

Fee simple dedication to the city. The city may, but is not be required to, accept any portion of the designated conservation land, provided that:

a.

There is no cost of acquisition to the city; and

b.

The city agrees to and has access to maintain such conservation land.

2.

Property owners association. Conservation land may be held in common ownership by a property owners association, formed in accordance with state law, and subject to the following:

a.

The applicant shall provide the city with a description of the proposed property owners association, including a copy of its bylaws and all documents governing ownership, maintenance, and use restrictions for the designated conservation land.

b.

The property owners association shall be established and operational (with financial subsidization by the owner or applicant, if necessary) before the sale of any dwelling unit in the cluster development.

c.

Membership in the property owners association should be automatic for all purchasers of dwelling units in the cluster development and their successors in title.

d.

The property owners association shall be responsible for maintenance, repair, operation and insurance of the designated conservation land.

e.

The bylaws shall confer legal authority on the property owners association to place a lien on the real property of any member who falls delinquent in dues.

f.

Written notice of any proposed transfer of the designated conservation land by the property owners association must be given to all members of the association and to the city no less than thirty (30) days prior to such event.

g.

The property owners association shall have adequate staff and funding to administer, maintain, repair and operate the designated conservation land.

3.

Nonprofit conservation organization or land trust. With permission of the city, an owner may transfer either fee simple title of the designated conservation land on the land to a nonprofit conservation organization or conservation land trust, provided that:

a.

The conservation organization or conservation land trust is acceptable to the city;

b.

The conservation organization or conservation land trust is established to exist indefinitely;

c.

The conveyance contains appropriate provisions for proper reverter in the event that the conservation organization or conservation land trust becomes unwilling or unable to continue carrying out its functions;

d.

The conservation land is permanently restricted from future development through a perpetual conservation easement; and

e.

A maintenance agreement acceptable to the city is established between the owner and the conservation organization or conservation land trust.

4.

Dedication of easements to the city. The city may, but is not required to, accept easements for passive public uses of any portion of the designated conservation land. In such cases, the land remains in the ownership of the property owners association, conservation organization, conservation land trust one or more or individuals while the easements are held by the city. In addition, the following shall apply:

a.

There shall be no cost of acquisition to the city;

b.

The easement area for passive public use shall be accessible to all residents of the city; and

c.

A satisfactory maintenance agreement shall be reached between the owner of the conservation land and the city.

5.

Individual ownership. The conservation land may be owned by one or more individuals, provided that it is subject to a permanent conservation easement prohibiting future development or subdivision of the property.

C.

Maintenance.

1.

The cost and responsibility of maintaining the conservation land shall be borne by the fee simple owner or the owner's obligee.

2.

The applicant shall, at the time of preliminary subdivision plan submission, provide a plan for maintenance of conservation land and operation of common facilities ("plan of maintenance") in accordance with the following requirements:

a.

The plan of maintenance shall define ownership;

b.

The plan of maintenance shall establish necessary regular and periodic operation and maintenance responsibilities for permitted uses of designated conservation land (e.g., village greens, playing fields, meadows, pastures, croplands or woodlands);

c.

The plan of maintenance shall estimate staff needs, maintenance and operational costs, insurance requirements, and other expenses associated with the conservation land and shall define the means for funding these costs on a perpetual basis. The plan of maintenance shall also include the means for funding anticipated long-term capital improvements.

d.

At the discretion of the final (approval authority the planning director or city council, as the case may be) the applicant may be required to escrow sufficient funds for the maintenance and operation costs for the designated conservation land for up to one year after final approval of the cluster development; and

e.

Any changes to the plan of maintenance shall be approved by the planning director, or designee, or in the case of a conditional cluster development, by the city council.

3.

In the event an owner (other than the city) or other person or entity responsible for maintaining the conservation land, fails to maintain all or any portion thereof in reasonable order and safe condition, the city may temporarily assume responsibility for maintenance and repairs. In such cases, any escrowed funds may be forfeited to the city and any permits or approvals may be revoked, suspended, or delayed until maintenance is resumed by the responsible party. The city may attach or place a lien on such escrowed funds as necessary to recover public monies expended by the city on maintenance, repairs and operational costs, including administrative fees and penalties.

4.

The city may enter the premises and take corrective action, including maintenance, repairs and operations. The costs of such corrective action, including administrative fees and penalties, may be charged to the property and to the property owners. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the city in the office of the clerk of the circuit court. Where the owner is a property owners association, the city may recover the cost of corrective action from individual unit owners based on their pro rata share of ownership.

(Ord. No. 04-O-079, 5-18-04)

A.

Allowable credit. In all zoning districts other than the A-1 agricultural district, the applicant may reduce the amount of conservation land required in section 6-2204 above by a maximum of ten (10) percent in exchange for incorporating certain community enhancements and architectural design features in the proposed cluster development. In no event shall the required conservation land be reduced below three (3) acres in size; nor shall more than five (5) lots be added in the area of reduced conservation land. The following is a table of qualifying criteria with a corresponding number of points assigned to each enhancement.

B.

Implementation. The total number of architectural design feature points shall correspond to the following reduction in the percentage of required conservation land:

2 to 15 points = 2% reduction in required conservation land

15 to 25 points = 5% reduction in required conservation land

Greater than 25 points = 10% reduction in required conservation land

Each enhancement or design feature to be included in the proposed development for which the applicant seeks reduction in required conservation land shall be included and approved in the initial cluster development site plan or, if applicable, conditional use permit applications.

(Ord. No. 04-O-079, 5-18-04)

Increased density may be permitted by city council, including approval of more than five (5) lots in the A-1 agricultural district, through the approval of a conditional use permit pursuant to article 17 of this Code, provided that one or more of the following public benefits is proposed and stipulated:

A.

Endowment for conservation maintenance.

1.

When conservation land is to be donated to and accepted by the city or by an approved nonprofit conservation organization or conservation land trust, city council may allow up to a ten (10) percent density bonus. This density bonus is intended to generate additional income to the applicant for the purpose of endowing a permanent fund to offset the costs of maintaining the designated conservation land. The endowment shall be funded in a reasonable amount determined by city council. Funds shall be used exclusively for maintenance activities such as managing meadows, removing invasive vines, paying insurance premiums, and defraying costs associated with active or passive recreation facilities. Spending from this fund should be restricted to interest so that the principal of the fund may be preserved to the extent possible. Assuming an annual average interest rate of five (5) percent, the amount designated for the endowment fund shall be at least twenty (20) times the estimated annual maintenance costs. Such estimate should be prepared by an agency, firm, or organization acceptable to city council, having experience in managing conservation land and recreational facilities.

2.

Because additional dwellings may reasonably be considered to be net of development costs and represent true profit, seventy-five (75) percent of the net selling price of the additional lots permitted by the conditional use permit shall be donated by the applicant to the conservation maintenance endowment fund for the conservation lands within the cluster development. This fund shall be transferred by the applicant to the owner at the time the conservation land is also conveyed to the owner.

3.

When estimating the projected maintenance costs of the designated conservation land, conservation land that is not accessible by the cluster residents for their common enjoyment need not be included in the calculations. Such excludable lands would typically include areas designated on the final subdivision plan for agricultural, horticultural, silvicultural or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement. In such cases, the residential density bonus shall be adjusted proportionately to reflect only that portion of the acreage that is accessible to the cluster residents for their passive or active recreational enjoyment.

B.

Provision of affordable housing. A residential density increase is permitted by conditional use permit where the applicant provides on-site or off-site affordable housing opportunities for low-income or moderate-income homeowners. When affordable housing is proposed, city council shall require a stipulation that the dwellings will in fact be constructed by a date certain. The amount of the residential density increase shall be based on the following standard: For each affordable housing unit provided under this subsection, one additional building lot or dwelling unit shall be permitted, up to a maximum of ten (10) percent increase in the maximum number of dwelling units otherwise permitted. Affordable housing is herein defined as dwelling units sold or rented to households earning eighty (80) percent or less of the city's median household income as determined and published by the Virginia Housing Development Authority.

C.

Interior streets in rural areas. A residential density bonus of two (2) additional dwelling units may be granted by conditional use permit in exchange for the construction of an interior street in the A-1 agricultural district and the RE-1 residential estate district, provided that the proposed cluster development fulfills the following criteria:

(1)

The land proposed for residential use is located at least one thousand (1,000) feet from any off-site public street or, in the alternative, is completely screened from view from all off-site public streets by a year-round natural screening feature, such as berming or landscaping. In no instance may be this natural feature be less than three hundred (300) feet in width;

(2)

No residential use is located within three hundred (300) feet of any land which is used for agricultural production purposes, including crops and permitted livestock; and

(3)

Adequate provision by acceptable and appropriate means is made for the provision of potable water, wastewater treatment, and educational facilities to serve the proposed cluster development.

D.

Implementation. For each of the foregoing categories of public purposes, residential density bonuses may be implemented by reducing the amount of required conservation land by up to ten (10) percent or by reducing the residential minimum lot area requirement by up to twelve (12) percent, or by a combination of these approaches, at the discretion of city council. The approved method shall be designated by stipulation to the conditional use permit. Cumulative reductions of required conservation land may be granted for providing two or three of the options described in subsections A.—C. above. Such cumulative reductions shall not exceed up to twenty (20) percent or thirty (30) percent, respectively, of the original required conservation land, provided that city council is satisfied that the required public purposes are being served. Where minimum lot area is reduced, the cumulative reduction shall be twenty-four (24) percent or thirty-six (36) percent, respectively. Where a combination approach is approved, the cumulative reductions shall correspond to an approved reduction formula.

E.

Other requirements. All requirements of this section 6-2200 and article IV, chapter 70 of the city Code applicable to permitted cluster developments shall also apply to conditional cluster developments. In addition, the level of service tests in the planning and land use policy, or similar policy, must be applied.

(Ord. No. 04-O-079, 5-18-04)