Laws
August 25, 2024

Residential Zoning Laws and Regulations Chesapeake, VA in 2024

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Chesapeake's Zoning Administration works hard to follow the city's Zoning Code. They supervise how buildings are designed, how land is developed, and how properties are used. What makes land use laws Chesapeake distinct is their custom approach. This recognizes Chesapeake's unique needs compared to other Hampton Roads areas. Their main goal is to direct residential property development. By doing so, they efficiently manage land use. This helps keep the community together and maintains the value of properties. Getting familiar with Chesapeake Zoning Ordinances is key. It helps developers and residents follow the rules and benefit from them. An example project is changing about 1.04 acres from B-1 to R-MF-11. This shows Chesapeake's dedication to careful urban planning.

Key Takeaways

  • Chesapeake's zoning administration enforces compliance with the city's Zoning Code.
  • Land use laws are tailored to the unique conditions of Chesapeake.
  • Zoning regulations support effective land management and property value maintenance.
  • Maintaining community integrity through consistent zoning practices.
  • Access to the Zoning Code online provides essential guidelines for development.

Introduction to Chesapeake's Zoning Ordinances

Chesapeake's zoning laws help keep the city special while meeting its specific needs. The Zoning Administration makes sure rules are followed. They help with land use decisions like variances and rezonings. Following these rules is key to planning land use well in Chesapeake.

Reducing environmental impact is a big goal of Chesapeake's zoning code. The Resource Protection Area (RPA) buffer zone cuts down on sediments by 75%2. It also reduces nutrients by 40%2. This shows how Chesapeake works hard to protect its natural spaces.

Chesapeake has different zoning areas for different parts of the city. The Historic and Cultural Preservation District, started in 2000, protects historical sites2. The South Norfolk Business Overlay District supports business growth in specific zones2.

Traffic management is another important part of Chesapeake's zoning. The Red Light Photo Enforcement program watches up to 24 intersections. Right now, it's used at 20 spots. It has cut crashes by about 40% at these places3. This shows how serious Chesapeake is about safety and good land use.

Chesapeake also pays attention to noise, especially near Fentress Airfield. Noise there can go over 75 dB Ldn2. This careful planning makes sure growth fits well with the environment. It highlights the importance of smart land use in Chesapeake.

Purpose and Importance of Residential Zoning in Chesapeake

Residential zoning in Chesapeake is key for planned land use and city growth. It ensures that community growth is structured and balanced. This is crucial for keeping neighborhood characters intact. The rules specify what land can be used for and how development happens. They make sure housing areas grow in ways that meet community goals.

Managing Land Use and Development

Chesapeake manages land through clear residential zoning rules. These rules cover lot sizes, building distances from roads, and how tall buildings can be. For example, in the RE-1 area, lots have to be 175 feet wide at least. They also need 50-foot yard spaces between them4. This makes sure houses aren't too close together. It supports well-organized and lasting growth.

Ensuring Community Compatibility

Zoning also keeps the community looking nice and working well together. It does this by controlling what buildings look like and how land is used. This way, homes can be near other types of places without problems. In Chesapeake, duplexes can't be too tall4. This stops big buildings from overshadowing homes. Safety is a big focus too, like making sure duplexes have their own utilities4.

Maintaining Property Values

Zoning is very important for keeping house values up. It makes sure homes meet community standards and look good. This helps neighborhoods stay nice places to live. Zoning rules also make sure new buildings follow safety codes. After a house is built in Chesapeake, it's checked for electrical safety and more. This keeps new homes from lowering the value of nearby ones5. Well-planned zoning also brings communities closer, which can increase property values even more6.

History of Chesapeake's Zoning Code

Chesapeake's zoning story began with the rules of Norfolk County and the City of South Norfolk. These set the stage for Chesapeake's detailed zoning plan. Adopted on September 27, 1969, they helped control how land was used, planning for a sustainable future in Chesapeake.

Original Adoption in 1969

In 1969, Chesapeake's zoning code took its first steps, shaping the city's layout. It organized how land was developed and used, promoting balanced growth. The aim was to keep residential, commercial, and industrial areas separate, reducing conflicts and strengthening community ties.

Revisions in 1993

In 1993, Chesapeake made major updates to its zoning laws to meet modern needs. These changes tackled new urban challenges and brought in fresh planning ideas. The goal was to manage the growing population and expanding city areas, keeping the city's plans progressive.

The update brought better infrastructure planning, including developer agreements called proffers. Developers helped fund public projects, like making Elbow Road wider and building the Southeast Expressway. One project even gave almost $200,000 for public transportation upgrades, showing how crucial these contributions were7.

Virginia's laws in the 1970s also boosted these changes. State policies set in 1973 and expanded in 1978 made deals between developers and the city enforceable. This made the proffer system key in Chesapeake’s zoning, helping meet public needs in line with state laws7.

Zoning Classifications in Chesapeake, VA

The zoning rules in Chesapeake, VA, help shape the city's growth and use of land. They apply to different types of properties, making zoning rules strict but fair.

The Chesapeake Zoning Ordinance began in 1969 and got a big update in 1993. It talks about many land use areas, including what's okay in residential zones4. Each class shows what land uses are allowed, keeping growth in order and fitting with the community.

For example, there are many residential zones in Chesapeake, like A-Agricultural, RE-1 Residential Estate, R-15 Residential, and R-8S Residential. They each have rules for how big lots should be, how far yards need to be, and how tall buildings can be4. This makes sure every residential area meets the city's standards and rules.

Besides homes, there are commercial and industrial zones. Each has specific rules for different types of property uses. This helps Chesapeake control how land and buildings are used in various areas, making sure they follow zoning rules.

There's a plan for a new 31-unit condo project on 18.7 acres. It would change the zoning from R15 and A-1 to R-MF1 and C-1. This project is a good example of zoning for low-density homes, following strict rules with detailed compliance measures8.

Using these detailed zoning classes helps Chesapeake grow in a good way. It keeps community standards high through careful planning. This makes sure the development of new residential areas follows the city's plans.

Minimum Lot Requirements for Residential Zones in Chesapeake

The city of Chesapeake has rules for how big lots must be in residential areas. This keeps the city looking nice and growing in an organized way. It talks about different kinds of homes, like single-family or apartments. All of this matches Chesapeake's big plan for how the city should grow.

Standard Subdivisions

In standard subdivisions, the size of lots and how far buildings need to be from the property line varies. For instance, in some zones, you need at least three acres for a lot. The buildings also have to be set back a certain distance from the property edges9. Another zone might require a smaller lot, but similar rules apply. This makes sure every home has enough space and follows the city's health and safety rules9.

Cluster Subdivisions

Cluster subdivisions let people build on smaller lots to save space. This helps use land better and keeps some areas open. For example, one district requires small lots but also wants to make sure there are places for outdoor activities10. This type of development has to follow special rules but also tries to protect nature.

Single-Family, Two-Family, and Multi-Family Dwellings

Chesapeake's rules change based on what type of home you're building. Some zones are for single or two-family homes with specific lot sizes. This gives people different options for where they can live9. For apartments or condos, the rules are a bit looser. This helps more people live in the city and supports growth11. No matter the type of home, they all have to meet extra rules to make sure everyone has clean water and safe living conditions.

Setback and Yard Distance Regulations in Chesapeake

Chesapeake strictly applies property line setbacks Chesapeake rules. This keeps housing developments organized and neighborhoods looking good. Residential yard regulations stop houses from being too close together and help save green areas.

  • In any residential district, the side yard on the side facing the side street should be 35 feet from the right-of-way line or 60 feet from the centerline of the street, whichever is greater12.
  • Fences in front yards should not exceed four (4) feet in height, with an additional six (6) inches allowable for posts and caps12.
  • Rear lot line or alongside lot line to the rear of the front setback lines should not exceed eight (8) feet in height for fences or walls12.
  • Accessory structures may occupy a maximum of 30 percent of the required minimum rear yard for the district or an area equal to the area of the single-family dwelling, whichever is less12.
  • Accessory structures must be located at least 10 feet from the nearest principal use or structure and at least 6 feet from any other detached structure12.

The rules on where to place buildings are key to keeping safe distances between homes and property lines. They change if the property has water or sewer connections. Some lots might follow older rules to fit in with existing buildings.

Updating these rules involved the community in many ways. There was an online survey in October 2021. And several workshops and Planning Commission Worksessions were held from November 2021 until September 202313. Also, a Public Open House happened on July 27, 202313.

Manufactured home parks have their own set of rules too. They must be at least twenty (20) acres. And they can’t have more than one hundred and fifty (150) units12. These detailed rules help make sure Chesapeake's housing is both practical and meets community standards.

Building Height Restrictions and Conditional Use Permits in Chesapeake

In Chesapeake, VA, building height rules promote safety and look good together in neighborhoods. These rules keep new buildings at 35 feet tall. This makes sure they match the city's planning goals.

Standard Building Heights

Buildings in residential areas can't go over 35 feet. This keeps the city's look consistent and stops crowding. The height limit protects the area's visual appeal and keeps everything in proportion.

Conditional Use Permits for Taller Structures

Sometimes, developers can get special permits to build taller. The Chesapeake City Council has to agree to it first. For example, there were plans to change a farm area into housing and build a hospital up to 92 feet tall1415. These permits let buildings go beyond the usual height for the city's growth.

Also, some places like cul-de-sacs might get extra height leniency. The city checks many things, like how many homes can fit in an area. Once, they allowed 5.8 homes per acre in a new neighborhood14. This way, any exceptions still follow the city's main planning goals.

Variances and Rezonings in Chesapeake

For developers and property owners, knowing how zoning variances in Chesapeake and rezoning work is key. These options help adjust land use when following the usual rules isn't feasible or makes little sense.

Application Process

To apply for a zoning variance in Chesapeake or rezoning, there are steps to follow. First, fill out the needed forms and handle the fees. A Residential Rezoning Application has a $570 fee plus $50 for each lot. For Non-Residential, the fee is $1,000 plus $45 per lot16.

After applying, each application is reviewed. This ensures they fit with Chesapeake’s Comprehensive Plan and other rules. Projects like an 8-unit, 3-story condos on a 1.7071-acre site need close review. This is to make sure they match the area and follow RMF-1 zoning rules17.

Review Criteria

Reviewing applications for variances and rezoning follows set criteria. The focus is on environmental impact, community fit, and benefits. For instance, a project on a 1.7071-acre site passed several tests. There was no extra school load, no more demand on emergency services, and enough water and sewer services17.

Also important is managing stormwater runoff and setting building floors high enough to avoid flood damage17. Fees like the $570 Amendment Application fee or the $250 appeals fee also apply16.

Overall, rezoning and variance applications in Chesapeake are crucial for smart land use. They make sure development projects are practical and good for the community. This process thoroughly checks for environmental and social fit.

Environmental Considerations in Zoning in Chesapeake

Zoning laws in Chesapeake, VA, highlight a commitment to protecting the environment. The city's policies blend ecological care with land use and development. This strategy protects natural resources and reduces environmental harm, promoting green areas in the city.

Local authorities make most land use decisions, creating growth plans every ten years18. The 1988 Chesapeake Bay Preservation Act guides these environmental policies, focusing on water quality19. It requires systems for sewage disposal to be cleaned every five years19.

Conservation zoning uses Resource Protection Area (RPA) and Resource Management Area (RMA) bounds. RPAs protect wetlands and include a buffer zone20. RMAs help manage lands like floodplains to maintain water quality20. These areas help local governments control development, aligning with plans and laws18.

Chesapeake enforces zoning ordinances to safeguard the Chesapeake Bay Preservation Areas (CBPAs)20. These plans give the public a say in development decisions18. This ensures legal steps are followed, helping to avoid penalties for violations. For more details, visit the Chesapeake Bay Preservation Act article19.

Innovative Approaches: Urban Agriculture and Open Spaces in Chesapeake

Chesapeake is making big strides with zoning initiatives that encourage urban farming and land conservation. This shows a strong commitment to sustainable land-use21. These steps help keep open spaces for future generations. They also support new ways of farming.

Permitted Uses in Conservation Lands

In Chesapeake, conservation land allows for urban farms and sustainable agricultural projects. These efforts help protect green spaces and promote eco-friendly land use21. Livestock is also part of the plan, with strict rules on space and waste management. These rules are all about backing eco-friendly projects21.

Community Gardens

Community gardens are becoming more popular in Chesapeake. They let people try urban farming on a small scale but with big impacts. These spaces bring neighbors together and support local food22. The City Council listens to what people think about farming rules. They want everyone's ideas on urban farming21.

Chesapeake is also focusing on teaching people about urban farming. They use workshops, school programs, and campaigns. This helps everyone learn about and support sustainable practices23.

Utilizing Chesapeake's eBUILD System for Zoning Applications

The Chesapeake eBUILD online system is a powerful tool for zoning submissions. It makes the permit process easier to manage digitally. Applicants can easily submit zoning applications, permits, and plan reviews. This ensures a smooth process while following all laws and rules.

This system can manage large areas for rezoning, like recently with 1420 acres24. It helps handle Special Overlay Districts like TCOD and Watershed Protection through digital means. This reduces paper use and speeds up the process24.

Also, applying for a Planned Unit Industrial Park zoning is straightforward with eBUILD. It allows quick review and approval24. The system is perfect for submitting plans for places like the Gateway Virginia Innovation District24. For more info, check the Chesapeake eBUILD system’s disclaimer page24.

The system also deals with public utility expansion and property development. It ensures developments meet local and state standards efficiently. It even takes care of traffic and drainage issues by including solutions for off-site drainage and traffic management on routes like Route 1724.

Overall, the Chesapeake eBUILD online system is a key resource for residents and builders. It streamlines zoning applications, focusing on accuracy, completeness, and speed. This digital method improves compliance and makes zoning management easier and more friendly to users.

Conclusion

Knowing about Chesapeake's zoning is vital for smart land use and keeping the city's living standards high. By following the strategies in this guide, people and builders can help the city grow in a good way. Zoning laws help make sure land use matches what the community wants and the environment needs.

Chesapeake's zoning rules set clear paths for development. They protect farm lands and keep rural areas from getting too crowded. The rule that says you can only have one house per three acres in certain areas is a good example25.

Chesapeake faces problems like illegal rental homes and the high costs of new developments2627. But, its zoning laws provide strong guidelines. These laws help the city balance new buildings with protecting nature. This guide helps people understand zoning in Chesapeake, leading to better choices and community peace.

FAQ

What is the purpose of Chesapeake's zoning ordinances?

Chesapeake's zoning ordinances organize the city's land use and development. They aim to balance the community, protect property values, and guide building design. This creates a supportive environment for everyone.

How do Chesapeake's zoning regulations differ from those in other jurisdictions within the Hampton Roads area?

Chesapeake's zoning rules are unique to its needs and conditions. They are designed specifically for the city, unlike other areas in Hampton Roads. This means they fit Chesapeake's communities better.

When was Chesapeake's Zoning Code first adopted, and what are its historical origins?

The Zoning Code in Chesapeake started on September 27, 1969. It came from earlier laws in Norfolk County and South Norfolk. In 1993, the city updated these laws to better manage land and property use.

What are the main zoning classifications in Chesapeake, VA?

Chesapeake has different zoning areas like residential, commercial, and industrial. These categories set the rules for land use and help the city grow in an organized way. They influence how communities look and function.

What are the minimum lot requirements for residential zoning districts in Chesapeake?

In Chesapeake, the size of lots varies based on the type of houses and subdivisions. Health Department rules on water and sewer services may also affect these sizes.

What are the setback and yard distance regulations for residential properties in Chesapeake?

The city sets minimum distances for buildings from property edges in residential zones. These rules help maintain space between houses. They vary based on the area's water and sewer connections.

Are there any height restrictions for residential buildings in Chesapeake?

Residential buildings can't be taller than 35 feet. However, the City Council can allow exceptions with conditional use permits for special cases.

What is the process for obtaining a variance or rezoning in Chesapeake?

Getting a variance or rezoning requires following specific steps. Applicants must show how their request benefits the environment, neighborhood, and community. The Zoning Administration reviews these requests to ensure they follow city rules.

How does Chesapeake integrate environmental considerations into zoning?

Chesapeake’s zoning laws focus on saving natural resources and lessening environmental harm. They encourage green areas in cities, showing the city's commitment to nature.

What innovative land use practices does Chesapeake's zoning code support?

The city promotes new ways of using land, like urban farming and community gardens. Chesapeake allows farming on conservation lands, which helps preserve open spaces and supports sustainability.

How can I use Chesapeake's eBUILD system for zoning applications?

Chesapeake's eBUILD system lets you handle zoning applications online. This makes it easier to get permits, review plans, and make payments, streamlining the zoning process for everyone.

Source Links

  1. AGN: - http://chesapeake.granicus.com/DocumentViewer.php?file=chesapeake_a45360de02bfe668d97167b40d9418e5.pdf&view=1
  2. FAQs • Is the proposed use a permitted use, conditional use, - https://www.cityofchesapeake.net/FAQ.aspx?QID=376
  3. FAQs • Does the City of Chesapeake have a local ordinance as - https://www.cityofchesapeake.net/FAQ.aspx?QID=559
  4. Duplex Conversion Laws and Regulations In Chesapeake, VA in 2024 - https://www.steadily.com/blog/duplex-conversion-laws-regulations-chesapeake
  5. ADU Laws and Regulations in Chesapeake - 2024 - https://www.steadily.com/blog/adu-laws-regulations-chesapeake
  6. Chesapeake, Virginia Zoning Map | Zoning Reports - https://www.zoneomics.com/zoning-maps/virginia/chesapeake
  7. FHWA - Center for Innovative Finance Support - Value Capture - https://www.fhwa.dot.gov/ipd/value_capture/case_studies/virginia_elbow_road.aspx
  8. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB20&capID2=00000&capID3=00A8V&agencyCode=CHESAPEAKE&IsToShowInspection=
  9. Microsoft Word - Res_Dvlpt_Setbacks.doc - https://www.cityofchesapeake.net/DocumentCenter/View/3235
  10. BUCKINGHAM COUNTY - https://cms9files.revize.com/buckinghamcounty/Document_Center/Departments/Zoning Planning/Zoning Ordinance adopted 5-15-18.pdf
  11. CHARLES CITY COUNTY - https://www.charlescityva.us/DocumentCenter/View/83/Subdivision-Ordinance-Adopted--April-28-2015-Amended-July-2017-PDF
  12. ARTICLE XV – SUPPLEMENTAL REGULATIONS - https://co.caroline.va.us/DocumentCenter/View/451/Article-15-Supplemental-Regulations-PDF
  13. PDF - https://www.kinggeorgecountyva.gov/DocumentCenter/View/11619/Summary-Memo_PC-Public-Hearing_Nov15
  14. https://cityofchesapeake.sharepoint.com/sites/Planning/Planning Commission/07 - July/2024-07-10 Official Agenda - http://chesapeake.granicus.com/AgendaViewer.php?view_id=2&event_id=4313
  15. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB20&capID2=00000&capID3=008HW&agencyCode=CHESAPEAKE&IsToShowInspection=
  16. Applications | Smithfield, VA - https://www.smithfieldva.gov/160/Applications
  17. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB21&capID2=00000&capID3=00L3G&agencyCode=CHESAPEAKE&IsToShowInspection=
  18. Land use: Q&A with the Chesapeake Legal Alliance - https://www.bayjournal.com/news/growth_conservation/land-use-q-a-with-the-chesapeake-legal-alliance/article_01ca04b6-1131-11ef-ae1f-8f83a4a164e4.html
  19. Chesapeake/Atlantic Preservation Act - https://www.co.northampton.va.us/government/departments_elected_offices/planning_permiting_enforcement/zoning/chesapeake__atlantic_preservation_act
  20. Chesapeake Bay Act Requirements | Surry County, VA - https://www.surrycountyva.gov/386/Chesapeake-Bay-Act-Requirements
  21. Chesapeake, VA Urban Farming Ordinances: A Comprehensive Guide - https://discover.texasrealfood.com/urban-farming-ordinances/va/chesapeake
  22. PDF - https://www.cityofchesapeake.net/DocumentCenter/View/14916
  23. Smart Growth | Chesapeake, VA - https://www.cityofchesapeake.net/3303/Smart-Growth
  24. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB22&capID2=00000&capID3=009ON&agencyCode=CHESAPEAKE&IsToShowInspection=
  25. A9R174jj6a_8fojd3_dic.tmp - https://www.cityofchesapeake.net/DocumentCenter/View/8954/pln-rez-2022-019_staff_report
  26. Chesapeake Short Term Rental Regulation: A Guide For Airbnb Hosts - https://www.bnbcalc.com/blog/short-term-rental-regulation/Chesapeake-Virginia-guide
  27. Chesapeake City Council mulls changes to address loophole in rural land use - https://www.pilotonline.com/2023/11/29/chesapeake-city-council-mulls-changes-to-address-loophole-in-rural-land-use/

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    Laws
    August 25, 2024

    Residential Zoning Laws and Regulations Chesapeake, VA in 2024

    Zoe Harper
    Marketing

    Chesapeake's Zoning Administration works hard to follow the city's Zoning Code. They supervise how buildings are designed, how land is developed, and how properties are used. What makes land use laws Chesapeake distinct is their custom approach. This recognizes Chesapeake's unique needs compared to other Hampton Roads areas. Their main goal is to direct residential property development. By doing so, they efficiently manage land use. This helps keep the community together and maintains the value of properties. Getting familiar with Chesapeake Zoning Ordinances is key. It helps developers and residents follow the rules and benefit from them. An example project is changing about 1.04 acres from B-1 to R-MF-11. This shows Chesapeake's dedication to careful urban planning.

    Key Takeaways

    • Chesapeake's zoning administration enforces compliance with the city's Zoning Code.
    • Land use laws are tailored to the unique conditions of Chesapeake.
    • Zoning regulations support effective land management and property value maintenance.
    • Maintaining community integrity through consistent zoning practices.
    • Access to the Zoning Code online provides essential guidelines for development.

    Introduction to Chesapeake's Zoning Ordinances

    Chesapeake's zoning laws help keep the city special while meeting its specific needs. The Zoning Administration makes sure rules are followed. They help with land use decisions like variances and rezonings. Following these rules is key to planning land use well in Chesapeake.

    Reducing environmental impact is a big goal of Chesapeake's zoning code. The Resource Protection Area (RPA) buffer zone cuts down on sediments by 75%2. It also reduces nutrients by 40%2. This shows how Chesapeake works hard to protect its natural spaces.

    Chesapeake has different zoning areas for different parts of the city. The Historic and Cultural Preservation District, started in 2000, protects historical sites2. The South Norfolk Business Overlay District supports business growth in specific zones2.

    Traffic management is another important part of Chesapeake's zoning. The Red Light Photo Enforcement program watches up to 24 intersections. Right now, it's used at 20 spots. It has cut crashes by about 40% at these places3. This shows how serious Chesapeake is about safety and good land use.

    Chesapeake also pays attention to noise, especially near Fentress Airfield. Noise there can go over 75 dB Ldn2. This careful planning makes sure growth fits well with the environment. It highlights the importance of smart land use in Chesapeake.

    Purpose and Importance of Residential Zoning in Chesapeake

    Residential zoning in Chesapeake is key for planned land use and city growth. It ensures that community growth is structured and balanced. This is crucial for keeping neighborhood characters intact. The rules specify what land can be used for and how development happens. They make sure housing areas grow in ways that meet community goals.

    Managing Land Use and Development

    Chesapeake manages land through clear residential zoning rules. These rules cover lot sizes, building distances from roads, and how tall buildings can be. For example, in the RE-1 area, lots have to be 175 feet wide at least. They also need 50-foot yard spaces between them4. This makes sure houses aren't too close together. It supports well-organized and lasting growth.

    Ensuring Community Compatibility

    Zoning also keeps the community looking nice and working well together. It does this by controlling what buildings look like and how land is used. This way, homes can be near other types of places without problems. In Chesapeake, duplexes can't be too tall4. This stops big buildings from overshadowing homes. Safety is a big focus too, like making sure duplexes have their own utilities4.

    Maintaining Property Values

    Zoning is very important for keeping house values up. It makes sure homes meet community standards and look good. This helps neighborhoods stay nice places to live. Zoning rules also make sure new buildings follow safety codes. After a house is built in Chesapeake, it's checked for electrical safety and more. This keeps new homes from lowering the value of nearby ones5. Well-planned zoning also brings communities closer, which can increase property values even more6.

    History of Chesapeake's Zoning Code

    Chesapeake's zoning story began with the rules of Norfolk County and the City of South Norfolk. These set the stage for Chesapeake's detailed zoning plan. Adopted on September 27, 1969, they helped control how land was used, planning for a sustainable future in Chesapeake.

    Original Adoption in 1969

    In 1969, Chesapeake's zoning code took its first steps, shaping the city's layout. It organized how land was developed and used, promoting balanced growth. The aim was to keep residential, commercial, and industrial areas separate, reducing conflicts and strengthening community ties.

    Revisions in 1993

    In 1993, Chesapeake made major updates to its zoning laws to meet modern needs. These changes tackled new urban challenges and brought in fresh planning ideas. The goal was to manage the growing population and expanding city areas, keeping the city's plans progressive.

    The update brought better infrastructure planning, including developer agreements called proffers. Developers helped fund public projects, like making Elbow Road wider and building the Southeast Expressway. One project even gave almost $200,000 for public transportation upgrades, showing how crucial these contributions were7.

    Virginia's laws in the 1970s also boosted these changes. State policies set in 1973 and expanded in 1978 made deals between developers and the city enforceable. This made the proffer system key in Chesapeake’s zoning, helping meet public needs in line with state laws7.

    Zoning Classifications in Chesapeake, VA

    The zoning rules in Chesapeake, VA, help shape the city's growth and use of land. They apply to different types of properties, making zoning rules strict but fair.

    The Chesapeake Zoning Ordinance began in 1969 and got a big update in 1993. It talks about many land use areas, including what's okay in residential zones4. Each class shows what land uses are allowed, keeping growth in order and fitting with the community.

    For example, there are many residential zones in Chesapeake, like A-Agricultural, RE-1 Residential Estate, R-15 Residential, and R-8S Residential. They each have rules for how big lots should be, how far yards need to be, and how tall buildings can be4. This makes sure every residential area meets the city's standards and rules.

    Besides homes, there are commercial and industrial zones. Each has specific rules for different types of property uses. This helps Chesapeake control how land and buildings are used in various areas, making sure they follow zoning rules.

    There's a plan for a new 31-unit condo project on 18.7 acres. It would change the zoning from R15 and A-1 to R-MF1 and C-1. This project is a good example of zoning for low-density homes, following strict rules with detailed compliance measures8.

    Using these detailed zoning classes helps Chesapeake grow in a good way. It keeps community standards high through careful planning. This makes sure the development of new residential areas follows the city's plans.

    Minimum Lot Requirements for Residential Zones in Chesapeake

    The city of Chesapeake has rules for how big lots must be in residential areas. This keeps the city looking nice and growing in an organized way. It talks about different kinds of homes, like single-family or apartments. All of this matches Chesapeake's big plan for how the city should grow.

    Standard Subdivisions

    In standard subdivisions, the size of lots and how far buildings need to be from the property line varies. For instance, in some zones, you need at least three acres for a lot. The buildings also have to be set back a certain distance from the property edges9. Another zone might require a smaller lot, but similar rules apply. This makes sure every home has enough space and follows the city's health and safety rules9.

    Cluster Subdivisions

    Cluster subdivisions let people build on smaller lots to save space. This helps use land better and keeps some areas open. For example, one district requires small lots but also wants to make sure there are places for outdoor activities10. This type of development has to follow special rules but also tries to protect nature.

    Single-Family, Two-Family, and Multi-Family Dwellings

    Chesapeake's rules change based on what type of home you're building. Some zones are for single or two-family homes with specific lot sizes. This gives people different options for where they can live9. For apartments or condos, the rules are a bit looser. This helps more people live in the city and supports growth11. No matter the type of home, they all have to meet extra rules to make sure everyone has clean water and safe living conditions.

    Setback and Yard Distance Regulations in Chesapeake

    Chesapeake strictly applies property line setbacks Chesapeake rules. This keeps housing developments organized and neighborhoods looking good. Residential yard regulations stop houses from being too close together and help save green areas.

    • In any residential district, the side yard on the side facing the side street should be 35 feet from the right-of-way line or 60 feet from the centerline of the street, whichever is greater12.
    • Fences in front yards should not exceed four (4) feet in height, with an additional six (6) inches allowable for posts and caps12.
    • Rear lot line or alongside lot line to the rear of the front setback lines should not exceed eight (8) feet in height for fences or walls12.
    • Accessory structures may occupy a maximum of 30 percent of the required minimum rear yard for the district or an area equal to the area of the single-family dwelling, whichever is less12.
    • Accessory structures must be located at least 10 feet from the nearest principal use or structure and at least 6 feet from any other detached structure12.

    The rules on where to place buildings are key to keeping safe distances between homes and property lines. They change if the property has water or sewer connections. Some lots might follow older rules to fit in with existing buildings.

    Updating these rules involved the community in many ways. There was an online survey in October 2021. And several workshops and Planning Commission Worksessions were held from November 2021 until September 202313. Also, a Public Open House happened on July 27, 202313.

    Manufactured home parks have their own set of rules too. They must be at least twenty (20) acres. And they can’t have more than one hundred and fifty (150) units12. These detailed rules help make sure Chesapeake's housing is both practical and meets community standards.

    Building Height Restrictions and Conditional Use Permits in Chesapeake

    In Chesapeake, VA, building height rules promote safety and look good together in neighborhoods. These rules keep new buildings at 35 feet tall. This makes sure they match the city's planning goals.

    Standard Building Heights

    Buildings in residential areas can't go over 35 feet. This keeps the city's look consistent and stops crowding. The height limit protects the area's visual appeal and keeps everything in proportion.

    Conditional Use Permits for Taller Structures

    Sometimes, developers can get special permits to build taller. The Chesapeake City Council has to agree to it first. For example, there were plans to change a farm area into housing and build a hospital up to 92 feet tall1415. These permits let buildings go beyond the usual height for the city's growth.

    Also, some places like cul-de-sacs might get extra height leniency. The city checks many things, like how many homes can fit in an area. Once, they allowed 5.8 homes per acre in a new neighborhood14. This way, any exceptions still follow the city's main planning goals.

    Variances and Rezonings in Chesapeake

    For developers and property owners, knowing how zoning variances in Chesapeake and rezoning work is key. These options help adjust land use when following the usual rules isn't feasible or makes little sense.

    Application Process

    To apply for a zoning variance in Chesapeake or rezoning, there are steps to follow. First, fill out the needed forms and handle the fees. A Residential Rezoning Application has a $570 fee plus $50 for each lot. For Non-Residential, the fee is $1,000 plus $45 per lot16.

    After applying, each application is reviewed. This ensures they fit with Chesapeake’s Comprehensive Plan and other rules. Projects like an 8-unit, 3-story condos on a 1.7071-acre site need close review. This is to make sure they match the area and follow RMF-1 zoning rules17.

    Review Criteria

    Reviewing applications for variances and rezoning follows set criteria. The focus is on environmental impact, community fit, and benefits. For instance, a project on a 1.7071-acre site passed several tests. There was no extra school load, no more demand on emergency services, and enough water and sewer services17.

    Also important is managing stormwater runoff and setting building floors high enough to avoid flood damage17. Fees like the $570 Amendment Application fee or the $250 appeals fee also apply16.

    Overall, rezoning and variance applications in Chesapeake are crucial for smart land use. They make sure development projects are practical and good for the community. This process thoroughly checks for environmental and social fit.

    Environmental Considerations in Zoning in Chesapeake

    Zoning laws in Chesapeake, VA, highlight a commitment to protecting the environment. The city's policies blend ecological care with land use and development. This strategy protects natural resources and reduces environmental harm, promoting green areas in the city.

    Local authorities make most land use decisions, creating growth plans every ten years18. The 1988 Chesapeake Bay Preservation Act guides these environmental policies, focusing on water quality19. It requires systems for sewage disposal to be cleaned every five years19.

    Conservation zoning uses Resource Protection Area (RPA) and Resource Management Area (RMA) bounds. RPAs protect wetlands and include a buffer zone20. RMAs help manage lands like floodplains to maintain water quality20. These areas help local governments control development, aligning with plans and laws18.

    Chesapeake enforces zoning ordinances to safeguard the Chesapeake Bay Preservation Areas (CBPAs)20. These plans give the public a say in development decisions18. This ensures legal steps are followed, helping to avoid penalties for violations. For more details, visit the Chesapeake Bay Preservation Act article19.

    Innovative Approaches: Urban Agriculture and Open Spaces in Chesapeake

    Chesapeake is making big strides with zoning initiatives that encourage urban farming and land conservation. This shows a strong commitment to sustainable land-use21. These steps help keep open spaces for future generations. They also support new ways of farming.

    Permitted Uses in Conservation Lands

    In Chesapeake, conservation land allows for urban farms and sustainable agricultural projects. These efforts help protect green spaces and promote eco-friendly land use21. Livestock is also part of the plan, with strict rules on space and waste management. These rules are all about backing eco-friendly projects21.

    Community Gardens

    Community gardens are becoming more popular in Chesapeake. They let people try urban farming on a small scale but with big impacts. These spaces bring neighbors together and support local food22. The City Council listens to what people think about farming rules. They want everyone's ideas on urban farming21.

    Chesapeake is also focusing on teaching people about urban farming. They use workshops, school programs, and campaigns. This helps everyone learn about and support sustainable practices23.

    Utilizing Chesapeake's eBUILD System for Zoning Applications

    The Chesapeake eBUILD online system is a powerful tool for zoning submissions. It makes the permit process easier to manage digitally. Applicants can easily submit zoning applications, permits, and plan reviews. This ensures a smooth process while following all laws and rules.

    This system can manage large areas for rezoning, like recently with 1420 acres24. It helps handle Special Overlay Districts like TCOD and Watershed Protection through digital means. This reduces paper use and speeds up the process24.

    Also, applying for a Planned Unit Industrial Park zoning is straightforward with eBUILD. It allows quick review and approval24. The system is perfect for submitting plans for places like the Gateway Virginia Innovation District24. For more info, check the Chesapeake eBUILD system’s disclaimer page24.

    The system also deals with public utility expansion and property development. It ensures developments meet local and state standards efficiently. It even takes care of traffic and drainage issues by including solutions for off-site drainage and traffic management on routes like Route 1724.

    Overall, the Chesapeake eBUILD online system is a key resource for residents and builders. It streamlines zoning applications, focusing on accuracy, completeness, and speed. This digital method improves compliance and makes zoning management easier and more friendly to users.

    Conclusion

    Knowing about Chesapeake's zoning is vital for smart land use and keeping the city's living standards high. By following the strategies in this guide, people and builders can help the city grow in a good way. Zoning laws help make sure land use matches what the community wants and the environment needs.

    Chesapeake's zoning rules set clear paths for development. They protect farm lands and keep rural areas from getting too crowded. The rule that says you can only have one house per three acres in certain areas is a good example25.

    Chesapeake faces problems like illegal rental homes and the high costs of new developments2627. But, its zoning laws provide strong guidelines. These laws help the city balance new buildings with protecting nature. This guide helps people understand zoning in Chesapeake, leading to better choices and community peace.

    FAQ

    What is the purpose of Chesapeake's zoning ordinances?

    Chesapeake's zoning ordinances organize the city's land use and development. They aim to balance the community, protect property values, and guide building design. This creates a supportive environment for everyone.

    How do Chesapeake's zoning regulations differ from those in other jurisdictions within the Hampton Roads area?

    Chesapeake's zoning rules are unique to its needs and conditions. They are designed specifically for the city, unlike other areas in Hampton Roads. This means they fit Chesapeake's communities better.

    When was Chesapeake's Zoning Code first adopted, and what are its historical origins?

    The Zoning Code in Chesapeake started on September 27, 1969. It came from earlier laws in Norfolk County and South Norfolk. In 1993, the city updated these laws to better manage land and property use.

    What are the main zoning classifications in Chesapeake, VA?

    Chesapeake has different zoning areas like residential, commercial, and industrial. These categories set the rules for land use and help the city grow in an organized way. They influence how communities look and function.

    What are the minimum lot requirements for residential zoning districts in Chesapeake?

    In Chesapeake, the size of lots varies based on the type of houses and subdivisions. Health Department rules on water and sewer services may also affect these sizes.

    What are the setback and yard distance regulations for residential properties in Chesapeake?

    The city sets minimum distances for buildings from property edges in residential zones. These rules help maintain space between houses. They vary based on the area's water and sewer connections.

    Are there any height restrictions for residential buildings in Chesapeake?

    Residential buildings can't be taller than 35 feet. However, the City Council can allow exceptions with conditional use permits for special cases.

    What is the process for obtaining a variance or rezoning in Chesapeake?

    Getting a variance or rezoning requires following specific steps. Applicants must show how their request benefits the environment, neighborhood, and community. The Zoning Administration reviews these requests to ensure they follow city rules.

    How does Chesapeake integrate environmental considerations into zoning?

    Chesapeake’s zoning laws focus on saving natural resources and lessening environmental harm. They encourage green areas in cities, showing the city's commitment to nature.

    What innovative land use practices does Chesapeake's zoning code support?

    The city promotes new ways of using land, like urban farming and community gardens. Chesapeake allows farming on conservation lands, which helps preserve open spaces and supports sustainability.

    How can I use Chesapeake's eBUILD system for zoning applications?

    Chesapeake's eBUILD system lets you handle zoning applications online. This makes it easier to get permits, review plans, and make payments, streamlining the zoning process for everyone.

    Source Links

    1. AGN: - http://chesapeake.granicus.com/DocumentViewer.php?file=chesapeake_a45360de02bfe668d97167b40d9418e5.pdf&view=1
    2. FAQs • Is the proposed use a permitted use, conditional use, - https://www.cityofchesapeake.net/FAQ.aspx?QID=376
    3. FAQs • Does the City of Chesapeake have a local ordinance as - https://www.cityofchesapeake.net/FAQ.aspx?QID=559
    4. Duplex Conversion Laws and Regulations In Chesapeake, VA in 2024 - https://www.steadily.com/blog/duplex-conversion-laws-regulations-chesapeake
    5. ADU Laws and Regulations in Chesapeake - 2024 - https://www.steadily.com/blog/adu-laws-regulations-chesapeake
    6. Chesapeake, Virginia Zoning Map | Zoning Reports - https://www.zoneomics.com/zoning-maps/virginia/chesapeake
    7. FHWA - Center for Innovative Finance Support - Value Capture - https://www.fhwa.dot.gov/ipd/value_capture/case_studies/virginia_elbow_road.aspx
    8. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB20&capID2=00000&capID3=00A8V&agencyCode=CHESAPEAKE&IsToShowInspection=
    9. Microsoft Word - Res_Dvlpt_Setbacks.doc - https://www.cityofchesapeake.net/DocumentCenter/View/3235
    10. BUCKINGHAM COUNTY - https://cms9files.revize.com/buckinghamcounty/Document_Center/Departments/Zoning Planning/Zoning Ordinance adopted 5-15-18.pdf
    11. CHARLES CITY COUNTY - https://www.charlescityva.us/DocumentCenter/View/83/Subdivision-Ordinance-Adopted--April-28-2015-Amended-July-2017-PDF
    12. ARTICLE XV – SUPPLEMENTAL REGULATIONS - https://co.caroline.va.us/DocumentCenter/View/451/Article-15-Supplemental-Regulations-PDF
    13. PDF - https://www.kinggeorgecountyva.gov/DocumentCenter/View/11619/Summary-Memo_PC-Public-Hearing_Nov15
    14. https://cityofchesapeake.sharepoint.com/sites/Planning/Planning Commission/07 - July/2024-07-10 Official Agenda - http://chesapeake.granicus.com/AgendaViewer.php?view_id=2&event_id=4313
    15. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB20&capID2=00000&capID3=008HW&agencyCode=CHESAPEAKE&IsToShowInspection=
    16. Applications | Smithfield, VA - https://www.smithfieldva.gov/160/Applications
    17. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB21&capID2=00000&capID3=00L3G&agencyCode=CHESAPEAKE&IsToShowInspection=
    18. Land use: Q&A with the Chesapeake Legal Alliance - https://www.bayjournal.com/news/growth_conservation/land-use-q-a-with-the-chesapeake-legal-alliance/article_01ca04b6-1131-11ef-ae1f-8f83a4a164e4.html
    19. Chesapeake/Atlantic Preservation Act - https://www.co.northampton.va.us/government/departments_elected_offices/planning_permiting_enforcement/zoning/chesapeake__atlantic_preservation_act
    20. Chesapeake Bay Act Requirements | Surry County, VA - https://www.surrycountyva.gov/386/Chesapeake-Bay-Act-Requirements
    21. Chesapeake, VA Urban Farming Ordinances: A Comprehensive Guide - https://discover.texasrealfood.com/urban-farming-ordinances/va/chesapeake
    22. PDF - https://www.cityofchesapeake.net/DocumentCenter/View/14916
    23. Smart Growth | Chesapeake, VA - https://www.cityofchesapeake.net/3303/Smart-Growth
    24. Accela Citizen Access - https://aca-prod.accela.com/CHESAPEAKE/Cap/CapDetail.aspx?Module=Planning&TabName=Planning&capID1=DUB22&capID2=00000&capID3=009ON&agencyCode=CHESAPEAKE&IsToShowInspection=
    25. A9R174jj6a_8fojd3_dic.tmp - https://www.cityofchesapeake.net/DocumentCenter/View/8954/pln-rez-2022-019_staff_report
    26. Chesapeake Short Term Rental Regulation: A Guide For Airbnb Hosts - https://www.bnbcalc.com/blog/short-term-rental-regulation/Chesapeake-Virginia-guide
    27. Chesapeake City Council mulls changes to address loophole in rural land use - https://www.pilotonline.com/2023/11/29/chesapeake-city-council-mulls-changes-to-address-loophole-in-rural-land-use/

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