Chesapeake

Adjustment: A variation in the required minimum lot size, lot width, off-street parking and in the maximum building height according to the criteria set out in section 19-804.

To qualify for the adjustments set out in section 19-804, a dedication shall comply with all of the following criteria: 1. The dedication must consist of land located in the same development for which any adjustment is sought. 2. The dedication must consist of the entire area of land depicted on the master road plan or adopted Master Transportation Plan as public right-of-way. 3. The dedication must conform to the alignment of the public right-of-way as depicted on the master road plan or adopted Master Transportation Plan as determined by the director of development and permits or designee. 4. The dedication must not be required by chapter 70 of the City Code. 5. The dedication must not be required by any condition proffered and adopted in accordance with section 16-204, or any similar ordinance predating section 16-204. 6. The dedication must be made to the city in fee simple absolute. 7. The dedication must be consummated in accordance with the following: a. If the request for adjustment accompanies a development site plan filed in accordance with article 18, then a preliminary and final site plan that incorporates the adjustments set out in section 19-804 may be approved, subject to a condition precedent that the dedication be made by the recordation of a deed with accompanying acquisition plat or subdivision or resubdivision plat before any building permit is issued for the development, and subject to the further condition that a note be placed on the final site plan that the development is located adjacent to a proposed or established alignment of a future street or highway. A note shall be placed on a deed, subdivision plat, or resubdivision plat, as applicable, stating that the property is dedicated for public use not limited solely to right-of-way. b. If the request for adjustment accompanies a preliminary or final subdivision plan or resubdivision plat filed in accordance with chapter 70 of the City Code, then the preliminary subdivision plan, final subdivision plan or resubdivision plat that incorporates the adjustments set out in section 19-804 may be approved subject to a condition precedent that the dedication be made by a subdivision or resubdivision plat in accordance with chapter 70 of the City Code and that a note be placed on the final subdivision plat that the development is located adjacent to a proposed or established alignment of a future street or highway. A note shall also be placed on a subdivision plat, or resubdivision plat, as applicable, stating that the property is dedicated for public use, not limited solely to right-of-way.

The minimum lot size for the R-15s, R-15(a)s, R-12s, R-12(a)s, R-10s and R-10 zoning districts may only be reduced in accordance with the following: a. Adjustment criteria. | Zoning District | May Only Be Reduced To | ... No reduction shall be approved for any development containing two-family dwellings as permitted in the R-10 zoning district. b. Limitations. i. All reductions in minimum lot size under this section must be calculated and applied before any other adjustment or reduction is made under other sections. ii. If the property proposed to be dedicated under section 19-803 contains no jurisdictional wetlands as defined by federal, state or local law, the sum, as measured in square feet, of all approved reductions to the minimum lot size for lots in a development shall not exceed the amount of land, as measured in square feet, dedicated in accordance with section 19-803. iii. If any portion of the property proposed to be dedicated under section 19-803 contains jurisdictional wetlands as defined by federal, state or local law, the sum of all approved reductions to the minimum lot size for lots in a development shall not exceed the sum of the following: (a) The total number of square feet of property to be dedicated that does not contain jurisdictional wetlands, and (b) The total number of square feet equal to one-half (½) of the amount of square feet of the property containing jurisdictional wetlands. If the proposed dedication consists entirely of property containing jurisdictional wetlands, the sum of all approved reductions to the minimum lot size for lots in a development shall not exceed the total number of square feet equal to one-half (½) of the amount of square feet of the property containing jurisdictional wetlands. iv. All other development standards shall not be adjusted, including, but not limited to, density requirements set out in article 5. Reductions in the minimum lot size for lots in a development shall not increase the number of lots above the number that could have been achieved absent the reductions. v. Nothing in this section shall be construed to alter or abolish the requirements of section 19-201. B. Upon compliance with section 19-803, the following adjustments to the required minimum lot width may be approved for development in accordance with the requirements of article 18 and chapter 70 of the City Code: 1. The required minimum lot widths in the R-15s, R-15(a)s, R-12s, R-12(a)s, R-10s and R-10 zoning districts may only be adjusted according to the following criteria: a. The minimum lot width required may only be adjusted on lots that qualify for an adjustment to the required minimum lot size under this section. b. The required minimum lot width for a lot qualifying for an adjustment to the required minimum lot size under this section may be adjusted to the required minimum lot width of the zoning district containing the required minimum lot size for which the lot qualifies under this section. c. For lots that qualify for required lot width adjustment, the adjusted minimum lot width shall be the standard for calculating the required lot frontage. d. Adjustments to the required minimum lot widths for lots in a development shall not result in an increase of the number of lots above the number of lots that could have been achieved absent the adjustments.

the zoning administrator, with the concurrence of the emergency management director or designee pursuant to section 2-623 of the City Code, may authorize temporary housing, storage, and emergency response facilities when necessary to respond to the public needs during a local, state, or national disaster caused by either natural or man-made events

No building or other structure shall be erected or moved nor shall any existing building or structure hereafter be altered in any manner, unless and until a building permit therefor has been approved by the zoning administrator.

No land shall be used or occupied and no building hereafter newly constructed, structurally altered, erected or moved shall be used, or its use changed, until a certificate of occupancy is issued by the director of development and permits, or designee, stating that the land and/or building, and the proposed use thereof, complies with the provisions of this ordinance, the Chesapeake city Code and the Virginia Uniform Statewide Building Code.

The city council shall adopt a schedule of fees, charges and expenses for all permits, certificates, appeals and other matters required by or pertaining to this ordinance as part of its annual budget ordinance.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of any of the provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, be fined no more than one thousand dollars ($1,000.00).

A violation of the following provisions of this ordinance shall be deemed an infraction and shall be punishable by a civil penalty of one hundred fifty dollars ($150.00) for a first offense and two hundred fifty dollars ($250.00) for each subsequent offense arising from the same set of operative facts

a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance or alleviate a hardship by permitting a reasonable modification be made to a property for the benefit of a person with a protected disability status

Appeals must be taken within thirty (30) days after a written decision has been rendered by the zoning administrator.

Notwithstanding the table of permitted and conditional uses applicable in each zoning district, in cases where proposed development will cross zoning district lines private access lanes, storm water management and certain septic drain fields may be located in any zoning district subject to the requirements set out below.

Where a use is not listed in the table of permitted and conditional uses for a particular zoning district, it shall not be allowed in that district, subject to the exception set out below.

In those instances in which a proposed use is not listed in a table, but is determined by the zoning administrator to be of a similar nature or character as a listed use...

Dumps are prohibited in all zoning districts.

Such wetlands mitigation banks shall be permitted uses in all zoning districts...

All such petitions for review shall be filed with the zoning administrator and with the city clerk within thirty (30) days from the date of the decision from which review is sought

All new construction of a principal structure shall feature Colonial architecture with traditional colors in a manner consistent and compatible with the Great Bridge Battlefield and Waterways Visitors Center

Development shall be Southern Colonial, French Colonial, or Coastal Colonial, with thematically appropriate architectural elements and materials

Developments abutting residentially zoned or used properties shall install an enhanced landscape buffer consisting of twenty-five (25) percent more plant material than required along the property line abutting such residential zoning or use;