The city's adopted Comprehensive Plan provides that commercial land uses should be organized according to their economic and environmental compatibility in planned centers, clusters, corridors, villages, nodes or major activity centers. In all of these commercial developments, strip commercial development is discouraged. The various business districts set out below are intended to provide the development standards for the different commercial developments contemplated under the plan. Certain site standards and the listing of permitted and conditional uses for each business classification, may vary depending on the overlay district in which the properties are located (i.e., rural, suburban or urban), in order to ensure their compatibility with the community of which these properties are a part.

(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, parking and traffic circulation, landscaping and buffering, are addressed in article 19 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 a property. Those standards include but are not limited to those listed below and should be reviewed by a developer.

A.

Accessory uses and structures, including signs, are addressed in article 14.

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 may apply to a property, depending upon whether a site is located within an overlay district. Reference should be made to overlay maps available in the planning department. If a site is within a particular overlay district, those overlay district requirements shall apply. Overlay district regulations are set out in article 12.

E.

Alternative development plans for business sites may be proposed through application for a planned unit development (PUD), as provided for in article 11. If a proposed business use requires a conditional use permit (as noted in the table of permitted and conditional uses at the end of this article), then the requirements of article 17, governing conditional uses, must be met.

F.

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

G.

Special development regulations set out in article 13.

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

This district is established to provide centers for convenience goods and services for surrounding residential areas. Certain compatible office, residential, governmental, educational, religious and recreational uses may be permitted within this district as special uses subject to restrictions consistent with the concept of a neighborhood center. Neighborhood business centers are intended to be of limited size, located at easily accessible road intersections, and designed to be compatible with the surrounding residential uses. Because of their intended purpose, these districts should develop in compact centers under a unified design that fits in with the surrounding community, both in terms of their visual appearance and their physical access. Points of ingress and egress from arterial roadways to the neighborhood business site should be limited and well-designed, with appropriate traffic control devices to prevent traffic congestion, and integrated vehicular and pedestrian traffic circulation should be provided within each site and between adjoining sites. Generally, the ultimate size of a neighborhood business site should not exceed an aggregate gross floor area of 100,000 square feet or an aggregate size of ten (10) acres.

A.

General site standards.

1.

Minimum lot size.

a.

If lot is served by an approved public sewer system, no minimum lot size.

b.

All others, 15,000 square feet or such greater size as may be required by the health department to ensure a functional septic tank system for the site.

2.

Minimum lot width. No minimum lot width.

Minimum lot frontage, No minimum lot frontage.

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

b.

From property zoned for other than residential use.

i.

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

ii.

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

c.

From property zoned for residential use.

i.

Side yard, 20 feet.

ii.

Rear yard, 30 feet.

4.

Off-street parking (parking and vehicle area) setback.

a.

From streets, 10 feet. (Setback from streets shall be measured from the reservation line established in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, the setback shall be measured as provided for in section 19-202.)

b.

From property zoned for other than residential use.

i.

Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

ii.

Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

c.

From property zoned for residential use.

i.

Side yard. Setback shall be in accordance with the landscape buffer required under article 19.

ii.

Rear yard. Setback shall be in accordance with the landscape buffer required under article 19.

5.

Maximum lot coverage of building, 30 percent.

6.

Maximum building heights.

a.

Seventy-five (75) feet, except as otherwise stated below.

b.

Buildings located on lots abutting residential property.

i.

Any building located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.

ii.

Any such building may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.

c.

All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)

B.

Number of principal buildings. Only one principal building may be erected on each lot.

C.

Continuous road frontage required. Each lot shall have continuous road frontage along the street which the lot borders. No lot may be subdivided to create an additional lot located between the principal building of the original lot and the street.

D.

Size of establishments within buildings. No separate business establishment shall occupy more than 10,000 square feet of gross floor area in a building, except one drugstore or other store of general merchandise may occupy up to 30,000 square feet, and a food supermarket may occupy up to 50,000 square feet of gross floor area. In special circumstances, the planning commission may approve larger gross floor areas for business establishments located in the B-1 neighborhood business district, subject to such terms and conditions as the commission may set, including, without limitation, restrictions on the uses permitted on the lot, the configuration of development on the lot and of structures and activities on the lot, in order to ensure that development is compatible with the surrounding neighborhood and in keeping with the intent of the B-1 neighborhood business district. Any retail establishment having a gross floor area exceeding 50,000 square feet shall be subject to the development criteria in section 13-2500 et seq.

E.

Production and wholesale activities.

1.

Goods may be produced for retail sale on the premises, provided that not more than fifty (50) percent of the total floor area is devoted to production activity. Production activity shall include assembly of the component parts into the final product for sale.

2.

The above limitation shall not apply to restaurants and similar establishments producing and serving food for immediate consumption, either on the site or through pickup on the site by the ultimate consumer for consumption off-site or through direct delivery off site to the ultimate consumer.

3.

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

4.

All wholesale sales activities and products for sale must be reasonably related to and of a nature customarily incidental and subordinate to the principal use of the establishment.

F.

Outside display, storage and sales areas.

1.

No outside display, storage or sale of retail or wholesale merchandise shall be permitted in the B-1 District except as an accessory use to a lawfully established principal retail use or except as otherwise may be permitted for temporary outside sales under section 7-302.F.4.b., outdoor sales facilities under section 13-1401, and special outdoor events under section 13-1504.

2.

No outside display of merchandise for sale shall be permitted in the B-1 district unless located within covered sidewalks or courtyard areas depicted for such use on an approved site plan for a principal retail use. The outside display of merchandise shall not be located in or encroach upon fire lanes, required parking spaces, or pedestrian walkways. All areas designated or used for outside display of merchandise shall conform with setbacks applicable to the principal building and all other requirements, including without limitation, restrictions on signs and fencing; provided that, however, approved decorative fencing used to enclose outside display areas and located in conformance with the setbacks for the principal building, shall be exempt from the fence height restrictions in Article 14.

3.

No outside storage of merchandise shall be permitted in the B-1 district except in completely enclosed facilities approved as accessory structures. Whether merchandise is being stored or displayed for sale shall be determined by the zoning administrator based on such factors as quantities, location and accessibility to the general public. Merchandise which is stacked beyond the reach of the public or which is maintained in bulk quantities shall be presumed to constitute storage and shall be prohibited unless in an enclosed facility as described in subsection 7-302.F.2. above.

4.

Outside sale of merchandise may be permitted in the B-1 district only in the following circumstances:

a.

All areas used for permanent outside sales, defined herein as sales continuing longer than a fifteen (15) day period, shall be (i) depicted on an approved site plan for the principal retail use, (ii) in conformance with required setbacks for the principal building and all applicable provisions in this Code, including without limitation, restrictions on signs and fencing; provided that, however, approved decorative fencing used to enclose permanent outside sales areas and located in conformance with setbacks for the principal building, shall be exempt from the fence height restrictions in Article 14, (iii) screened from view from the public right-of-way in accordance with a screening plan approved by the director of planning or designee, and (iv) located outside of fire lanes, required parking spaces, and pedestrian walkways.

b.

All areas used for temporary outside sales, defined herein as a special sales event continuing for no more than fifteen (15) days, shall be (i) depicted on a use and location plan submitted to and approved by the zoning administrator, (ii) in conformance with required setbacks for the principal building and all other applicable provisions in this Code, including without limitation, sign regulations in section 14-704.H.1.b. and restrictions on fence height and placement, and (iii) located outside of fire lanes, required parking spaces, and pedestrian walkways. No temporary outside sales shall be conducted unless or until a permit is issued by the zoning administrator upon finding that the sale will conform with the regulations and restrictions contained herein. No more than two (2) such outside sales permits shall be issued for a commercial site in a calendar year. A third or subsequent outside sale lasting for fifteen (15) days or less shall be considered a permanent outside sale subject to the requirements in section 7-302.F.4.a. above.

c.

No outdoor flea markets shall be permitted in the B-1 district.

5.

The aggregate area used for storage or display of merchandise and temporary or permanent outside sales shall not exceed ten percent (10%) of the gross floor area of the principal retail building or 20,000 square feet, whichever is less, unless a conditional use permit is issued for this purpose under article 17.

6.

All outside display, storage and sales areas shall be on the same lot or parcel as the principal retail business which such areas serve.

7.

All refuse shall be contained in completely enclosed containers or structures, which shall be fully screened from public view, in accordance with the requirements of section 14-500.

8.

To the extent that these provisions are inconsistent with sections 13-1400 (outdoor sales facilities) and 13-1504 (special outdoor events), the more stringent regulation shall apply.

G.

Modifications in required yards and setbacks.

1.

For those sites on which special landscaping and buffering are provided beyond the requirements of article 19 of this zoning ordinance or where existing natural features or amenities having special value are preserved, the planning commission may approve reductions in required yards and setbacks in accordance with the standards of section 19-203 of this zoning ordinance.

2.

For those lots which were recorded before the effective date of the development standards of this article, adjustments in these standards may be approved by the planning commission as part of the preliminary site plan review in accordance with the standards of section 19-203 of this zoning ordinance.

H.

Mixed use dwellings. In addition to the permitted and conditional uses specified in section 7-602, the upper floor levels of a building in the B-1 district may be used for residential purposes, provided that 1) the ground floor level is actively used or marketed for retail or other permitted or conditional commercial uses, 2) residential and nonresidential uses are not conducted on the same floor, 3) no more than one single-family dwelling unit is located on each upper floor, and 4) the gross floor area devoted to residential use does not exceed 50 percent of the gross floor area of the building.

(Ord. No. 95-O-245, 12-20-95; Ord. No. 97-O-142, 11-18-97; Ord. No. 00-O-007, 1-18-00; Ord. No. 01-O-004, 1-23-01; Ord. No. 01-O-043, 5-8-01; Ord. No. 05-O-015, 3-8-05; Ord. No. 06-O-149, 12-19-06; Ord. No. 08-O-161, 12-16-08; Ord. No. 14-O-089, 7-15-14; Ord. No. 17-O-081, 11-21-17; Ord. No. 20-O-057, 6-6-20; Ord. No. 24-O-005, 1-16-24)

This district is established to provide the standards for all retail development other than neighborhood business centers and urban business districts in the city, with the exception of planned unit developments (PUDs), which are addressed in article 11, and business sites located within special overlay districts, which are addressed in article 12. Business development is also addressed in several policies and appendices of the adopted Comprehensive Plan, all of which should be considered in locating, designing and constructing retail establishments.

General business areas range from community centers serving Chesapeake residents on a broad community scale within the city, to regional centers containing a wide variety of retail businesses and complementary office, entertainment and related uses serving a market of several miles and attracting users from throughout the Hampton Roads area. Certain compatible office, residential, governmental, educational, religious and recreational uses may be permitted within this district as special uses subject to restrictions consistent with the location and purpose of the particular commercial center. Because of the larger size and scale of activity of these districts, special buffering requirements must be met to limit the impact upon any neighboring residential communities. This is especially true for those few general business locations in the rural overlay district of the city, where setbacks, buffering and other devices shall be required to ensure that these larger business activity centers do not detract from the reduced intensities and more open vistas intended for these areas. Points of ingress and egress from neighboring roadways to the general business site should be limited and well-designed, with appropriate traffic control devices to prevent traffic congestion, and integrated vehicular and pedestrian circulation should be provided within each site and between adjoining sites.

(Ord. No. 99-O-022, 2-16-99; Ord. No. 05-O-014, 3-8-05; Ord. No. 17-O-081, 11-21-17)

A.

General site standards.

1.

Minimum lot size.

a.

If lot is served by an approved public sewer system, no minimum lot size.

b.

All others, 15,000 square feet or such greater size as may be required by the health department to ensure a functional septic tank system for the site.

2.

Minimum lot width. No minimum lot width.

Minimum lot frontage, No minimum lot frontage.

3.

Principal building setback (required yards).

a.

From streets (front yards), 35 feet. (Setback from streets shall be measured from the reservation line established in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, setback shall be measured as provided for in section 19-202.

b.

From property zoned for other than residential use.

i.

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

ii.

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

c.

From property zoned for residential use.

i.

Side yard, 20 feet.

ii.

Rear yard, 30 feet.

4.

Off-street parking (parking and vehicle area) setback.

a.

From streets, 10 feet. (Setback from streets shall be measured from the reservation line established in accordance with city's adopted Master Transportation Plan. Where a reservation line cannot be established under the provisions of the adopted Master Transportation Plan, the setback shall be measured as provided for in section 19-202.)

b.

From property zoned for other than residential use.

i.

Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

ii.

Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

c.

From property zoned for residential use.

i.

Side yard. Setback shall be in accordance with the landscape buffer required under article 19.

ii.

Rear yard. Setback shall be in accordance with the landscape buffer required under article 19.

5.

Maximum lot coverage of building, 30 percent.

6.

Maximum building heights.

a.

Seventy-five (75) feet, except as otherwise stated below.

b.

Buildings located on lots abutting residential property.

i.

Any building located on a lot that abuts property zoned or used for residential purposes may be constructed to a maximum height of thirty-five (35) feet.

ii.

Any such building may be constructed to a maximum height of seventy-five (75) feet if the building is set back at least one hundred twenty-five (125) feet measured from the required setback for all yards abutting property zoned or used for residential purposes.

c.

All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. (Note: Under section 19-205, these maximum building heights may be exceeded upon approval of a conditional use permit.)

B.

Number of principal buildings. There shall be no limitation on the number of principal buildings constructed on a B-2 site. However, the specific location and relationship of such buildings on any site must allow for safe and convenient motor vehicle and pedestrian circulation on the site and safe and efficient ingress and egress to and from the site and shall be subject to review and approval as part of the site plan review process under the other applicable provisions of this zoning ordinance.

C.

Size of establishments within buildings. There shall be no limitation on the size of establishments within buildings located on a B-2 site. Notwithstanding the foregoing, any retail establishment having a gross floor area exceeding 50,000 square feet shall be subject to the development criteria in section 13-2500 et seq.

D.

Production and wholesale activities.

1.

Goods may be produced for retail sale on the premises, provided that no more than fifty (50) percent of the total floor area is devoted to production activity. Production activity shall include assembly of the component parts into the final product for sale.

2.

The above limitation shall not apply to restaurants and similar establishments producing and serving food for immediate consumption, either on the site or through pickup on the site by the ultimate consumer for consumption off site or through direct delivery off-site to the ultimate consumer.

3.

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

4.

All wholesale sales activities and products for sale must be reasonably related to and of a nature customarily incidental and subordinate to the principal use of the establishment.

E.

Outside display, storage and sales areas.

1.

Outside display, storage or sale of retail or wholesale merchandise is prohibited in the B-2 District except for the following:

a.

The outside storage and display of merchandise, except for motor vehicles, as an accessory to a lawful principal use in the B-2 district, including but not limited to retail building materials, construction equipment and materials, feed/seed items, garden centers, greenhouses, hothouses and miscellaneous materials for wholesale and retail sales subject to the criteria in section 7-402.E.2.

b.

Outside sale of merchandise as an accessory to a lawful principal use, except for motor vehicles, subject to the criteria in section 7-402.E.3.

c.

Outside display and sale of motor vehicles at lawful motor vehicle dealerships subject to the criteria in section 7-402.E.4.

d.

As permitted for outdoor sales facilities under section 13-1400 et seq., and

e.

As permitted for special outdoor events under section 13-1504.

2.

The outside storage and display of merchandise described in section 7-402.E., shall comply with the following:

a.

All areas to be used for outside storage or display of merchandise shall be depicted on an approved site plan for the principal retail use and shall conform with all setbacks applicable to the principal building and all other requirements, including without limitation, restrictions on signs and fencing. Approved decorative fencing used to enclose permanent outside storage or display areas and located in conformance with setbacks for the principal building shall be exempt from the fence height restrictions in Article 14.

b.

No outside display and storage area shall be located in or encroach upon fire lanes, required parking spaces or pedestrian walkways.

c.

The aggregate area used for the outside storage and display of merchandise shall not exceed ten (10) percent of the gross floor area of the principal retail building or 20,000 square feet, whichever is less. A conditional use permit may approve a larger aggregate area.

d.

All outside storage and display areas shall be on the same lot or parcel as the principal retail business for which the areas are accessory.

e.

All accessory outside storage and display areas must be approved by a conditional use permit if the principal use for which the areas are accessory is designated a conditional use.

f.

All refuse shall be contained in completely enclosed containers or structures, which shall be fully screened from public view, in accordance with the requirements of section 14-500.

g.

To the extent that these provisions are inconsistent with sections 13-1400 et seq. and 13-1504, the more stringent regulation shall apply.

3.

Outside sale of merchandise, as described in section 7-402.E., above, shall comply with all of the following:

a.

All areas used for permanent outside sales, defined herein as sales continuing longer than a 15-day period, shall comply with all of the following in addition to section 7-402.E.3.c—h.:

i.

All areas shall be depicted on an approved site plan for the principal retail use;

ii.

All areas shall be in conformance with required setbacks for the principal building and with all other applicable provisions in this Code, including without limitation, restrictions on signs and fencing, provided that, however, approved decorative fencing used to enclose permanent outside sales areas and located in conformance with setbacks for the principal building, shall be exempt from the fence height restrictions in article 14;

iii.

All areas shall be screened from view from the public right-of-way in accordance with a screening plan approved by the director of planning or designee; and

iv.

All areas shall be located outside of fire lanes, required parking spaces and pedestrian walkways.

b.

All areas used for temporary outside sales, defined herein as special sales events continuing for no more than fifteen (15) days shall comply with all of the following in addition to section 7-402.E.3.c—h.:

i.

All areas shall be depicted on a use and location plan submitted to and approved by the zoning administrator;

ii.

All areas shall be in conformance with required setbacks for the principal building and all other applicable provisions in this Code, including without limitation, sign restrictions in section 14-704.H.1.b and restrictions on fence height and placement;

iii.

All areas shall be located outside of fire lanes, required parking spaces, and pedestrian walkways; and

iv.

No temporary outside sales shall be conducted unless or until a permit is issued by the zoning administrator upon finding that the outside sale will conform with the regulations and restrictions contained in this Code. No more than two (2) such outside sales permits shall be issued for a commercial site in a calendar year. A third or subsequent outside sale lasting for fifteen (15) days or less shall be considered a permanent outside sale subject to the requirements in section 7-402.E.3.a, above.

c.

Outdoor flea markets shall require a conditional use permit under article 17 of this ordinance.

d.

The aggregate area used for the accessory outside sale of merchandise shall not exceed ten (10) percent of the gross floor area of the principal retail building or 20,000 square feet, whichever is less. A conditional use permit may approve a larger aggregate area.

e.

All accessory outside sales areas shall be on the same lot or parcel as the principal retail business which such areas serve.

f.

All accessory outside sales areas must be approved by a conditional use permit if the principal use is designated a conditional use.

g.

All refuse shall be contained in completely enclosed containers or structures, which shall be fully screened from public view, in accordance with the requirements of section 14-500.

h.

To the extent that these provisions are inconsistent with sections 13-1400 et seq. and 13-1504, the more stringent regulation shall apply.

4.

Outside display and sale of motor vehicles at lawful motor vehicle dealerships, as described in section 7-402.E.1.c, shall comply with the following:

a.

If the area to be used for the outside display and sale of motor vehicles ("the area") contains no temporary sign as defined and regulated by section 14-700 et seq., except as permitted under section 14-704.H, no elevated platform for the display of an automobile or any type of advertising or device intended to attract attention to the area, then the area shall comply with the off-street parking setbacks as set out in section 7-402.A.4.

b.

If the area used for the outside display and sale of motor vehicles ("the area") contains at least one temporary sign as defined and regulated by section 14-700 et seq., except as permitted under section 14-704.H, an elevated platform for the display of an automobile or any form of advertising or device intended to attract attention to the area, then the area shall be unlawful unless the area complies with the required principal building setbacks as set out in section 7-402.A.3.

c.

During special sales and similar events as defined in section 14-704.H.1.d., if one temporary sign, or more, approved pursuant to section 14-704.H.1.d. is to be located in the area used for the outside display and sale of motor vehicles ("the area"), then the area shall comply with the following to qualify for the setback provided in section 7-402.E.4.a. Otherwise the area shall comply with the required principal building setbacks as set out in section 7-402.A.3.a.

i.

Each sign approved pursuant to section 14-704.H.1.d. and located in the area must remain lawful for the duration of the time each sign remains in the area.

ii.

This subparagraph c. shall not be construed to enlarge or restrict the meaning or application of section 14-704.H.1.d.

d.

The area shall not be located in or encroach upon fire lanes, required parking spaces, pedestrian walkways or water and sewer easements owned by the City.

e.

The area used for the outside display and sale of motor vehicles shall be on the same lot or parcel as the principal retail business which such area serves.

f.

All required buffer yards surrounding the area shall be maintained in accordance with article 19.

g.

The area used for the outside display and sale of motor vehicles ("the area") shall be depicted on a preliminary and final site plan approved pursuant to article 18. No outside display or sale of motor vehicles shall occur outside the area depicted on a preliminary and final site plan approved pursuant to article 18. Final site plans approved before the effective date of this Code may be amended specifically to depict the setback for the area to conform with this section. Such amendment to a final site plan shall be considered a minor deviation under section 17-114.

F.

Modifications in required yards and setbacks.

1.

Reduction of setbacks by zoning administrator. Required setbacks for the principal building may be reduced by the zoning administrator, or designee, as part of site plan approval if the applicant provides enhanced landscaping. Such landscaping shall at a minimum include a thirty (30) percent increase in vegetation beyond that which is required by section 19-600, to be installed and maintained in the reduced yard.

In exchange for such landscaping, the required setback may be reduced by no more than thirty (30) percent. The enhanced landscaping shall be subject to the approval of the director of development and permits, or designee.

(Ord. No. 95-O-245, 12-20-95; Ord. No. 97-O-142, 11-18-97; Ord. No. 00-O-007, 1-18-00; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 04-O-125, 8-17-04; Ord. No. 05-O-015, 3-8-05; Ord. No. 06-O-149, 12-19-06; Ord. No. 07-O-120, 7-17-07; Ord. No. 08-O-161, 12-16-08; Ord. No. 10-O-127, 10-19-10; Ord. No. 14-O-089, 7-15-14; Ord. No. 17-O-081, 11-21-17; Ord. No. 20-O-057, 6-6-20; Ord. No. 24-O-005, 1-16-24)

(Ord. No. 99-O-022, 2-16-99)

Those properties in the city of Chesapeake currently zoned as being in the B-3 (highway business), or B-4 (shopping center business) zoning district classifications shall be developed in accordance with the standards applicable to property located in the B-2 (general business) zoning district classification under this zoning ordinance, unless those properties are located in a planned unit development (PUD) or a special overlay district, which provide alternative development standards.

(Ord. No. 99-O-022, 2-16-99)

This district is established to provide standards for retail and associated uses in commercial areas developed with distinctive character and appearance as an open-air, pedestrian-oriented commercial center, with a large number of businesses within easy walking distance of one another. Such retail centers shall be subject to regulations specifically designed and intended to create or preserve a "downtown" urban environment, to protect and revitalize local character and business prosperity and to provide safe, attractive and thriving business centers to serve surrounding residential and industrial uses. Such regulations include special standards pertaining to integrated uses, setbacks, density, parking and similar development standards that will recognize the unique characteristics of urban business centers, promote commercial revitalization and building rehabilitation, and best serve the welfare and convenience of business enterprises and residents of Chesapeake.

(Ord. No. 99-O-022, 2-16-99)

A.

General site standards.

1.

Minimum lot size.

a.

If lot is served by an approved public sewer system, no minimum lot size.

b.

All other lots shall meet the minimum lot size required by Health Department regulations for sewage disposal.

2.

Minimum lot width. No minimum lot width.

Minimum lot frontage, No minimum lot frontage.

3.

Principal building setback (required yard).

a.

From streets (front yard). Five (5) feet from the right-of-way line or, for replacement structures and additions, along the established front yard building line, whichever is less stringent. Notwithstanding the foregoing, if a building is to be added to an existing row of attached buildings having party walls, the setbacks shall be determined on the basis of the established front yard building line.

b.

From property zoned for other than residential use (side and rear yard).

i.

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

ii.

Rear yard. Five (5) feet.

c.

From property zoned for residential use (side and rear yard).

i.

Side yard ten (10) feet, or five (5) feet if approved in accordance with subsection 7-502.A.3.c.iii, below.

ii.

Rear yard ten (10) feet, or five (5) feet if approved in accordance with subsection 7-502.A.3.c.iii, below.

iii.

Side yard and rear yard setbacks of five (5) feet or greater, but less than ten (10) feet, from property zoned for residential use may be permitted as follows:

(a)

The zoning administrator may approve such reduced setbacks, provided that a five (5) foot buffer yard is established and maintained along the entire length of the affected property line, with plantings as required by the director of development and permits, or designee, and further provided that written notice is mailed to all adjacent properties, including those located directly across the street from the lot in question, and no objection is received from the owners or occupants of such properties. The applicant shall be responsible for providing the city with a list of the names and addresses of all adjacent property owners and/or occupants and a stamped, addressed envelope for each such owner or occupant identified on the list. The adjacent property owners and occupants shall be given ten (10) consecutive days from the date of the written notice in which to make any objections known to the city. No building permit may be issued during this ten (10) day period, nor may a building permit be issued if any objections are received from an owner or occupant of adjacent property. The applicant shall be solely responsible for the accuracy of the list of adjacent properties and in the event the director of planning finds the list to be erroneous in a substantive manner, any building permit issued for the encroachment within the ten (10) foot setback shall be null and void.

(b)

In the event that objections are received to a proposed rear yard or side yard setback of less than ten (10) feet, application may be made to the planning commission for a special exception to allow the reduced setback, provided that the planning commission, after holding an advertised public hearing, finds that the setback will not have a detrimental effect on adjacent properties, and further provided that a five (5) foot buffer yard is established and maintained along the entire length of the affected property line, with plantings as required by the director of development and permits, or designee. The decision of the planning commission may be appealed to City Council by filing a written notice of appeal with the city clerk within seven (7) days of the decision appealed from. A hearing on the matter shall be scheduled within a reasonable time of the filing of the notice of appeal.

d.

All construction at the setbacks allowed under this subsection shall be in conformance with the Virginia Uniform Statewide Building Code.

4.

Off-street parking (parking and vehicle area) setbacks and special regulations.

a.

Setbacks from streets. Ten (10) feet or as established by existing on-site parking lot pavement, whichever is less stringent, provided that all applicable buffering requirements under article 19 are met.

b.

Setbacks from adjacent properties (side and rear yard).

i.

Side yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

ii.

Rear yard. Setback shall be in accordance with the landscape buffer, if any, required under article 19.

c.

Uses requiring off-street parking.

i.

The following uses shall provide off-street parking complying with all parking requirements set out in section 7-600 and 19-400 of this zoning ordinance:

(a)

Grocery stores.

(b)

Meeting halls.

(c)

Churches and other houses of worship.

(d)

Motels and hotels.

(e)

Motion picture theaters, including drive-in theaters.

(f)

Bowling centers.

(g)

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

(h)

Eating and drinking places with more than one hundred (100) square feet devoted to on-site eating, either inside or outside the facility.

ii.

All other uses not specified above and not exempt from off-street parking requirements under subsection 7-502.A.4.d, below, shall provide off-street parking at a ratio of one (1) space per nine hundred (900) square feet of space devoted to customer service and one-half (.5) spaces per one thousand (1,000) feet of space devoted to production/storage areas. Such off-street parking shall meet all other criteria governing parking spaces as specified in this Code.

d.

Uses exempt from off-street parking requirements. For all uses other than those listed in subsection 7-502.A.4.c.i, no off-street parking shall be required if a city-owned parking lot is located within five hundred (500) feet of the lot on which an existing use is located, measured along the path of pedestrian access. Further, the planning commission may grant a special exception for a new use having no off-street parking and located more than five hundred (500) feet from a city-owned parking lot, upon a specific finding that either (a) the proposed use will not generate traffic volumes that will cause congestion or disruption along neighboring streets, or (b) that alternative parking arrangements have been made or identified which can adequately serve the site. If the planning commission denies the application for a special exception, the applicant may file an appeal with city council within ten (10) days of the planning commission decision. The appeal shall be filed in writing with the city clerk.

e.

Location of off-street parking for new buildings. For all new buildings constructed for a lot within the B-5 district, parking shall be located to the rear of the building, with a single entrance for ingress and egress, unless the planning commission grants a special exception for an alternative site based on findings that the shape, topography or other special characteristics of the site make parking in the rear impracticable. If the planning commission denies the application for a special exception, the applicant may file an appeal with city council within ten (10) days of the planning commission decision. The appeal shall be filed in writing with the city clerk.

5.

Maximum lot coverage of buildings. No maximum lot coverage is prescribed.

6.

Maximum building heights. Thirty-five (35) feet unless a conditional use permit is issued for a greater height under section 19-205.

7.

Number of principal buildings. There shall be no limitation on the number of principal buildings on a B-5 lot. However, the specific location and relationship of such buildings on any site must allow for safe and convenient motor vehicle and pedestrian circulation on the site and safe and efficient ingress and egress to and from the site and shall be subject to review and approval as part of the site plan review process under the other applicable provisions of this zoning ordinance.

8.

Size of establishments within buildings. Unless otherwise stated herein, there shall be no limitation on the size of establishments; provided that any retail establishment having a gross floor area exceeding fifty thousand (50,000) square feet shall be subject to the development criteria in section 13-2500.

9.

Buffer areas.

a.

For purposes of determining landscape and buffer yard requirements under section 19-600 of the Chesapeake zoning ordinance, B-5 districts shall be treated as B-1 districts and unless otherwise stated herein, shall be subject to all landscape and buffering standards applicable thereto.

b.

Buffer yard areas shall be provided in accordance with those standards established for B-1 districts in section 19-600 of the zoning ordinance, unless the site meets any of the exceptions set out below.

c.

Exceptions.

i.

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

ii.

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

10.

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

11.

Signs. Signs in the B-5 district shall meet the general requirements of section 14-700 et seq. of the zoning ordinance, entitled "Signs," provided that regardless of any contrary provisions in section 14-700 et seq., the provisions set out below shall also apply.

i.

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

ii.

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

iii.

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

iv.

Overhanging signs, extending out from the building and overhanging a sidewalk, street, alley or other passageway, shall not be permitted.

12.

Outside display, storage and sales areas shall be subject to the criteria set out in section 7-402.E. of this ordinance.

B.

Mixed use dwellings. In addition to the permitted and conditional uses specified in section 7-602, the upper floor levels of a building in a B-5 district may be used for residential apartments and condominiums, provided that the ground floor level is actively used or marketed for retail or other permitted or conditional commercial uses, and further provided that residential and nonresidential uses are not conducted on the same floor. All mixed use development should be designed, constructed and maintained in conformance with the guidelines and standards set out in that certain policy document entitled "Design Guidelines Manual" that is incorporated into the adopted Comprehensive Plan as Appendix M.

C.

Conflict with South Norfolk business overlay district. To the extent that any development standards for the B-5 district conflict with the development standards imposed in the South Norfolk business overlay district, the standards set out in article 12 for the South Norfolk business overlay district shall govern.

(Ord. No. 99-O-022, 2-16-99; Ord. No. 01-O-004, 1-23-01; Ord. No. 01-O-043, 5-8-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 05-O-015, 3-8-05; Ord. No. 06-O-149, 12-19-06; Ord. No. 07-O-168, 10-16-07; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 23-O-077, 7-18-23)

This district is established to provide mixed use development centers in the urban overlay district only. These centers should include a mixture of residential, commercial, office and institutional uses of medium intensity in an integrated development or building. They should be designed to allow greater flexibility, promote innovative design, and create vibrant pedestrian-friendly communities. Application of the MXD-U district is intended for properties designated as "mixed use" within the urban overlay district as shown on the adopted Land Use Plan. City council may find other properties within the urban overlay district to be suitable for MXD-U zoning based on overriding goals, objectives and strategies as contained in the adopted Comprehensive Plan. The MXD-U mixed use urban district is permitted only in those areas of the city served by public utility facilities.

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

A.

Minimum lot size. No minimum lot size.

B.

Minimum lot width. No minimum lot width.

C.

Minimum lot frontage. No minimum lot frontage.

D.

Building setbacks.

1.

Front yard. The front setback shall be established with the approval of a master development plan between zero (0) and ten (10) percent of the lot depth.

2.

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

3.

Rear yard. The rear setback shall be established with the approval of a master development plan between zero (0) and ten (10) percent of the lot depth.

E.

Building height. Maximum of seventy-five (75) feet or a maximum of six (6) floors. Buildings with a proposed height that exceeds seventy-five (75) feet or six (6) floors in height may be approved with the issuance of a conditional use permit in accordance with section 19-205, applicable fire safety codes and the guidelines and standards set out in the policy document "Design Guidelines Manual" that is incorporated into the adopted Comprehensive Plan as Appendix M. No conditional use permit shall be approved for a building that exceeds one hundred twenty-five (125) feet or ten (10) floors in height.

F.

Number of principal buildings. No limit.

G.

Floor area ratio. The maximum floor area ratio shall be two and one-half (2.5) for mixed use buildings and one and one-half (1.5) for all other buildings.

H.

Mixture of uses. All mixed use developments shall contain the following mixture of uses per gross floor area of all buildings:

1.

Residential. Forty (40) to eighty (80) percent.

2.

Commercial office/hotel. Ten (10) to thirty (30) percent.

3.

Commercial retail. Ten (10) to thirty (30) percent.

The percentage of uses shall be established in the approved master development plan and shall provide for an appropriate mixture of uses.

I.

Accessory uses and structures. Accessory uses and structures shall meet the business requirements as specified in sections 14-100 et seq. of this ordinance for assembly center, business, office and institutional and industrial districts. Fences, walls and hedges shall meet the residential requirements specified in sections 14-202 et seq. of this ordinance. Home occupations shall meet the sections 14-300 et seq. of this ordinance.

J.

Indoor/outdoor operations. All permitted uses must be conducted within completely enclosed buildings unless expressly authorized in the Master Development Plan.

K.

Off-street parking.

1.

Each mixed use development shall provide areas for parking and traffic circulation that meets the parking space standards for both sections 19-410 and 19-411 of this ordinance.

2.

Off-street parking requirements may be reduced by city council with the approval of a parking management plan that is adopted as part of the master development plan. Such parking plan shall include:

A parking schedule detailing the total square footage of gross floor area, the minimum number of parking spaces required for uses in the development, the proposed number of off-street parking spaces and the proposed number of on-street parking spaces for each use.

a.

The location of all proposed on-street parking areas, shared parking areas, remote parking areas, parking structures, pedestrian crossings, cross-access easements and rights-of-way.

b.

Public transit routes to serve the development, if any.

c.

Off-street parking spaces should be largely located to the rear of the principal buildings or otherwise screened so as to not be visible from public rights-of-way or residential zoning districts.

d.

Surface lots shall provide green space meeting subsection 19-601.D of this ordinance.

L.

Minimum open space.

1.

Twenty (20) percent of total development acreage as determined in accordance with the density calculations set out in subsection 5-900.D of this ordinance. Such open space may include green areas, parks, landscaped areas open to the sky, lakes, roof gardens, walkways, trails, outdoor gardens, plazas, playground and recreational facilities, sports facilities, surface easements for drainage and other utilities over areas not within the lines of a parcel intended for development, and buffer areas intended for protecting sensitive environmental resources. The minimum open space may be reduced to fifteen (15) percent of total development acreage if the development is located within one thousand three hundred twenty (1,320) feet of a public park with a bicycle/pedestrian connection. Reductions in open space may only be approved with the approval of a master development plan.

2.

At least fifty (50) percent of the required open space must be configured for usable recreation. Usable recreation shall include parks, plazas, landscaped areas open to the sky, playgrounds, roof top gardens, and pedestrian ways other than street sidewalks. Town squares and plazas that provide open areas where people can gather in a large group should be centrally located with dwelling units and businesses facing the open spaces. Smaller open spaces, such as pocket parks should be located throughout the development.

3.

A minimum twenty (20) percent tree canopy coverage shall be provided within the development. Street trees and landscaping planted within the right-of-way may be counted towards meeting the minimum canopy coverage requirement. Street trees may be placed in planters or metal grates located within the sidewalk. The development shall meet landscape requirements as outlined in section 19-600 of this ordinance. In lieu of buffer yards, buffer yard equivalency calculations may be approved by the director of development and permits, or designee. Required landscaping shall be shown on the master development plan.

4.

Perimeter buffering using B-2 general business district standards under section 19-610 of this ordinance shall be required and shown on the master development plan.

M.

Street network and pattern. Mixed use developments shall promote interconnectivity and accommodate a hierarchy of street and alley widths that provide multiple travel options and points of connection to existing streets, including sidewalks and other pedestrian access. Public and private streets and alleys shall be identified on the master development plan. If non-city standard streets are proposed, proposed street sections for all streets and alleys within the development shall be submitted as part of the Master Development Plan, to include pavement widths, parking, landscaping, utilities and heights of adjacent buildings. Developments shall install sidewalks on both sides of new streets with pedestrian connections and sidewalks shall be provided along existing abutting streets.

N.

Signage. A signage plan shall be submitted and be incorporated into the master development plan. Signs in the MXD-U mixed use urban district shall meet signage general requirements for residential districts as specified in sections 14-700 et seq. of this ordinance except that the provisions set out below shall also apply and control where there is a conflict:

1.

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

2.

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

3.

The use of box signage is prohibited.

4.

Freestanding signs are prohibited between a street and principal building when there is no front yard setback for the principal building.

5.

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

6.

Billboards are prohibited.

7.

Flashing signs or variable message signs are prohibited.

(Ord. No. 07-O-168, 10-16-07; Ord. No. 09-O-051, 5-19-09; Ord. No. 10-O-127, 10-19-10; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-028, 3-20-18)

A.

Submittal of a master development plan. In addition to the requirements of article 16, all MXD-U mixed use urban development rezoning applications shall include a master development plan. The plan shall include the following information:

1.

Preliminary site plan. A preliminary site plan is required per the requirements outlined in section 18-201 of this ordinance;

2.

Signage plan. A signage plan showing the location, size and design of all signs located within the development. At a minimum, the signage plan shall demonstrate compliance with this ordinance and promote compatibility with adjacent property and proper sign placement.

3.

Development data.

a.

The total number of dwelling units proposed by type of structure;

b.

The total square feet of building floor area for nonresidential uses by general type;

c.

The total land area, expressed in acres and a percent of the total development area, proposed to be devoted to residential and non-residential uses by type of use, and open space.

d.

Where a reduction in required parking is proposed, a parking management plan shall be submitted. Such parking plan shall include:

i.

A parking schedule detailing the total square footage of gross floor area, the minimum number of parking spaces required for uses in the development and the proposed number of off-street parking spaces and proposed number of on-street parking spaces for each use.

ii.

The location of all proposed on-street parking areas, shared parking areas, remote parking areas, parking structures, pedestrian crossings, cross-access easements and rights-of-way.

iii.

Public transit routes to serve the development, if any.

iv.

If non-city standard streets are proposed, proposed street sections for all streets and alleys within the development shall be submitted as part of the Master Development Plan, to include pavement widths, parking, landscaping, utilities and heights of adjacent buildings.

4.

Review criteria.

a.

Rezoning application criteria. Findings for rezoning applications as specified in article 16 of this ordinance.

b.

Integration with adjacent public infrastructure. Mixed use developments shall be designed to integrate into the adjacent transportation system and utility networks and maintain or exceed the following specific performance standards:

i.

Pedestrian connections to ensure the maximum benefit of the transit system;

ii.

Connectivity to existing roadways;

iii.

Multi-modal roadway design that accounts for each transportation mode;

iv.

Strategic locations of parking lots and structures;

v.

Location of all on-street parking spaces;

vi.

Compatibility with the regional transportation system; and,

vii.

Minimization of impacts to local neighborhood streets.

c.

Compatibility of uses and structures. Mixed use developments shall be carefully planned so that the land uses and densities blend-in and contribute to the area they are located in a positive manner. Uses and structures shall be sited and designed to be compatible with one another. Compatibility of uses and structures shall be evaluated based on the following criteria: location, orientation, operation, massing, scale, and visual and sound privacy.

d.

Compatibility with adopted Comprehensive Plan design guidelines. All mixed use development should be designed, constructed, and maintained in conformance with the guidelines and standards set out in that certain policy document entitled "Design Guidelines Manual" that is incorporated into the adopted Comprehensive Plan as Appendix M.

B.

Modifications of the master development plan.

1.

Minor modifications. Minor modifications of the master development plan may be authorized by the planning director or designee, provided the modifications will not:

a.

Change by more than ten (10) percent the amount of area devoted to any residential or nonresidential use, provided that there is no increase in the total number of dwelling units;

b.

Change by more than ten (10) percent the gross floor area of a building;

c.

Change any approved building location that results in a building being located closer to an adjacent property zoned or used for residential purposes;

d.

Decrease the amount of area devoted for open space;

e.

Increase the floor area ratio of any building;

f.

Relocate the approved circulation elements to any extent that would decrease the ability of such elements to function efficiently, or adversely affect their relation to surrounding properties and circulation elements;

g.

Change the location and type of signage in the development unless such changes result in a net decrease in signage area and freestanding signs are not relocated any closer to adjacent property zoned or used for residential purposes;

h.

Modify public infrastructure improvements to reduce the scope, quality or quantity, of such improvements;

i.

Be contrary to the legislative intent of the city council in approving the master development plan.

Requests for minor modifications shall be treated as an administrative subdivision or site plan application.

2.

Major modifications. Any proposed major modification, as determined by the planning director or designee, must be approved as an amendment to the master development plan in accordance with the same procedures as specified for initial submission.

(Ord. No. 07-O-168, 10-16-07; Ord. No. 17-O-081, 11-21-17; Ord. No. 21-O-018, 2-23-21)

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 business 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 and such proposed use is also listed in the Standard Industrial Classification (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing.

B.

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

C.

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

1.

See section 13-800 et seq. for supplemental regulations.

2.

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

3.

See chapter 26, article VI (section 26-221 et seq.), of the City Code and section 13-1200 et seq. of this ordinance for supplemental regulations.

4.

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

5.

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 the following in addition to the requirements of article 17 of this ordinance:

a.

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

c.

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

d.

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

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

6.

See section 13-600 et seq. of this ordinance for supplemental regulations. Administrative review-eligible projects shall only be permitted if the requirements of section 13-602 are satisfied.

7.

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

8.

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

9.

Subject to section 13-900 et seq.

10.

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

11.

See section 13-1900 et seq. for supplemental regulations.

12.

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

13.

See section 13-1400 et seq. for supplemental regulations.

14.

Auction rooms shall not be permitted in the B-1 district.

15.

In accordance with section 14-300 of this ordinance.

16.

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

17.

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

18.

Buying clubs and college clearinghouses shall not be permitted in the B-1 district. Massage therapy establishments and massage therapists must comply with all applicable requirements of section 38-61 et seq. of the City Code, as amended, to be a permitted use.

19.

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

20.

See section 13-1100 et seq. for supplemental regulations.

21.

Raising of animals for experimental purposes is excluded.

22.

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

23.

No such establishment shall be used for private gain.

24.

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

25.

A buffer yard "B," as defined in section 19-610, shall be provided where the home furnishing shop is located on B-1 property that borders properties zoned Assembly or Office and Institutional.

26.

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

a.

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

b.

Where the site for such activity is located adjacent to property being used for residential purposes, no outdoor instruction activity shall be carried out earlier than 8:00 a.m. or later than 9:00 p.m.

27.

Solid waste management facilities, as defined in section 62-86 of the City Code, shall be developed and operated in compliance with the requirements of article II and article IV of chapter 62 of the City Code.

28.

See subsections 7-302.E and 7-402.D for supplemental regulations.

a.

Establishments located in the B-5 urban business district that are larger than 10,000 square feet and in which wholesale activities including production are to take place shall only be permitted upon the approval of a conditional use permit by city council.

29.

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

30.

Netting shall be required for driving ranges along any property line, or portion thereof, which is located (1) less than one hundred fifty (150) yards to the rear or to either side of a tee area, or (2) less than three hundred (300) yards in front of a tee area. Where required hereunder, the netting shall be installed between the driving range and required landscape buffers. If no landscape buffer is required under article 19, the netting shall be installed no less than ten (10) feet from the property line at issue. Notwithstanding fence height restrictions in article 14, the netting shall not be less than thirty-five (35) feet in height. In issuing a conditional use permit for a driving range, the city council may vary the standards herein by stipulation. In any case, netting requirements may be waived by city council or where no conditional use permit is required, by the planning commission as a special exception, where it is determined that existing trees and shrubs border the driving range in such a manner as to provide neighboring properties with the same level of protection from golf balls as would netting.

31.

A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption that meets one (1) of the following conditions:

a.

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

b.

The eating or drinking place is adjacent to the following:

i.

Property containing a church in a freestanding building;

ii.

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

iii.

Hospital in a freestanding building, or

iv.

Daycare center in a freestanding building.

c.

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

i.

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

ii.

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

32.

A conditional use permit shall be required if the parking facility is located adjacent to property zoned or used for residential purposes. In addition, parking facilities in B-5 urban business districts shall not be located at street level, with the exception of the entrance and exit to a parking garage which shall be oriented to the rear or side of the building or structure. The zoning administrator shall determine the front of the building based on the width of the streets, with the front of the building generally facing the widest street, and on building orientation.

33.

Motor vehicle repair facilities (SIC 75) other than those located within the Fentress Airfield overlay district, shall comply with the regulations set out in section 13-2400 of this code.

34.

In order to protect the public safety and welfare of the community, to ensure the compatibility of uses of land, and to prevent adverse effects on the uses of land listed below, probation, parole and similar correctional or penal services shall be prohibited if any property, structure, or improvement containing such use will be located within one thousand (1,000) feet of the line of any property that:

a.

Is used for public or private school purposes;

b.

Is zoned or used for residential purposes;

c.

Is used for child care purposes;

d.

Is used as a public park; or

e.

Is used for religious purposes.

No master development plan or approved development criteria shall supersede this prohibition.

35.

A conditional use permit shall be required for any central disposal system, including without limitation, private sewage package plants, and for any regional drainfield serving more than one residential dwelling unit. In addition to the criteria in article 17, city council shall apply the level of service tests for roads and schools set out in the 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.

36.

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

37.

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

38.

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

39.

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

39.[40.]

No satellite wagering establishment shall be permitted within two hundred (200) feet of any lot line of any property zoned or used for residential purposes. Said restriction shall be imposed to protect the health, safety and welfare of the inhabitants of the city. Where such establishment is located in a shopping center, the 200-foot distance shall be measured from the outer walls of the unit or space in which the business is located. Satellite wagering establishments shall be conducted in accordance with the dictates imposed on pari-mutuel wagering in Title 59.1 of the Virginia Code, 1950, as amended.

41.

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

42.

See section 13-2800[13-2900] et seq. for supplemental regulations.

43.

Tattoo parlors shall be established and operated in accordance with applicable provisions in chapter 38 of the City Code. Additionally, in order to protect and preserve the vitality of commercial districts and the overall quality of life in Chesapeake, no tattoo parlor shall be located within six hundred (600) feet of any other tattoo parlor.

43.[44.]

E-Commerce "last mile" delivery vehicle remote parking hubs shall operate in compliance with section 13-3000. Any use that cannot comply with the requirements set forth in section 13-3000 shall require a conditional use permit.

45.

A beauty shop may offer or provide permanent cosmetic tattooing (also known as permanent makeup or micropigmentation) and/or reconstructive tattooing as part of a full-service beauty salon that offers a wide range of services and where the tattooing activity is conducted as an accessory service and operated in accordance with applicable provisions in chapter 38 of the City Code. For purposes of this provision, permanent cosmetic tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin on the face that is limited to eyebrows, eyeliner, lip coloring, lip liners, full lips, cheek blush, and eye shadow. For purposes of this provision, reconstructive tattooing is the placing of marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin that is limited to breast and scar repigmentation or camouflage.

46.

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

47.

[Reserved.]

48.

[Reserved.]

49.

Animal crematories shall only cremate or otherwise dispose of animal remains. No animal crematory shall cremate or otherwise dispose of any human remains. An animal crematory may utilize an alkaline hydrolysis method of disposal.

D.

Mixed use dwellings in the B-1 neighborhood business district and the B-5 urban business district. In addition to the permitted and conditional uses specified in section 7-602 below, residential uses are permitted on the upper floor levels of buildings located in the B-1 neighborhood business district and the B-5 urban business district, subject to the criteria in sections 7-302 (B-1 District) and 7-502 (B-5 District) above.

E.

Conflict between B-5 district and South Norfolk business overlay district. To the extent that any use restrictions for the B-5 district conflict with the Table of Permitted and Conditional Uses in the South Norfolk business overlay district, the use restrictions contained in this Article 7 shall govern.

(Ord. No. 94-O-180, 9-20-94; Ord. No. 95-O-196, 10-17-95; Ord. No. 96-O-108, 7-16-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 99-O-022, 2-16-99; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 00-O-094, 8-15-00; Ord. No. 01-O-004, 1-23-01; Ord. No. 01-O-032, 4-17-01; Ord. No. 03-O-029, 3-18-03; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; Ord. No. 04-O-124, 8-17-04; Ord. No. 05-O-014, 3-8-05; Ord. No. 05-O-075, 6-21-05; 05-O-147, 11-22-05; Ord. No. 06-O-053, 5-16-06; Ord. No. 07-O-077, 5-15-07; Ord. No. 07-O-168, 10-16-07; Ord. No. 09-O-005, 1-20-09; Ord. No. 12-O-014, 2-21-12; Ord. No. 14-O-089, 7-15-14; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 20-O-058, 6-16-20; Ord. No. 21-O-018, 2-23-21; Ord. No. 21-O-098, 9-21-21; Ord. No. 22-O-018, 2-15-22; Ord. No. 23-O-088, 8-15-23; Ord. No. 23-O-098, 10-17-23)

SECTION 7-602. TABLE OF PERMITTED AND CONDITIONAL USES IN BUSINESS DISTRICTS

(Ord. No. 94-O-091, 6-21-94; Ord. No. 94-O-198, 9-27-94; Ord. No. 95-O-196, 10-17-95; Ord. No. 96-O-108, 7-16-96; Ord. No. 96-O-139, 9-10-96; Ord. No. 96-O-177, 11-19-96; Ord. No. 97-O-027, 3-18-97; Ord. No. 99-O-022, 2-16-99; Ord. No. 99-O-057, 5-18-99; Ord. No. 99-O-104, 7-20-99; Ord. No. 99-O-105, 7-20-99; Ord. No. 00-O-095, 8-15-00; Ord. No. 01-O-053, 6-20-01; Ord. No. 03-O-084, 7-15-03; Ord. No. 03-O-094, 8-12-03; Ord. No. 04-O-030, 2-17-04; 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. TA-Z-07-10, 8-21-07; Ord. No. 10-O-129, 10-19-10; Ord. No. 11-O-031, 4-19-11; Ord. No. 14-O-089, 7-15-14; Ord. No. 15-O-134, 11-17-15; Ord. No. 17-O-024, 5-16-17; Ord. No. 17-O-059, 9-12-17; Ord. No. 17-O-081, 11-21-17; Ord. No. 18-O-002, 1-16-18; Ord. No. 19-O-076, 6-18-19; Ord. No. 19-O-094, 7-16-19; Ord. No. 21-O-018, 2-23-21; Ord. No. 21-O-098, 9-21-21; Ord. No. 21-O-111, 10-19-21; Ord. No. 22-O-018, 2-15-22; Ord. No. 22-O-105, 10-18-22; Ord. No. 23-O-088, 8-15-23; Ord. No. 23-O-065, 6-20-23; Ord. No. 23-O-098, 10-17-23; Ord. No. 23-O-109, 11-28-23)

*See section 7-601(C)

**See section 19-411

***Additional parking may be required by City Council