Applications and Forms

2232 Review is the review of a public project for consistency with the adopted Comprehensive Plan.

2232 Review is the review of a public project for consistency with the adopted Comprehensive Plan.

Details

Section 15.2-2232 of the Virginia State Code states that whenever the local planning commission recommends a comprehensive plan or part thereof for the locality and such plan has been approved by the local governing body, it shall control the general or approximate location, character and extent of each feature shown on the plan. If the feature is not shown on the plan, no street or connection to an existing street, park or other public area, public building or structure, public utility facility, etc., can be constructed, established, or authorized until the general or approximate location, character and extent has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. Paving, repairs, reconstruction, drainage improvements and similar work are exempt. Likewise, any public area, facility or use identified on an approved subdivision plan or accepted as a proffer are exempt.

The Primary function of the Chesapeake Historic and Architectural Review Board "Board" is to provide for the review of all significant exterior modifications visible from a paved public street within the Chesapeake Historic and Cultural Preservation District, and to determine whether or not these proposed changes will be compatible with the surrounding area.

A Certificate of Appropriateness may be issued by the Review Board, or in the case of certain minor modifications deemed not to adversely affect the character of the Historic District, may be issued by the Director of Planning or designee. Applications after the work commences is classified as an After the Fact Application.

A zoning reclassification is required when a property owner proposes to use his land for purposes other than those permitted by the current zoning classification. The zoning reclassification process protects property owners by requiring that related uses of land are located in close proximity to each other in order to create a well-developed and harmonious community in compliance with the City's Comprehensive Plan and the Chesapeake Zoning Ordinance.

It is strongly recommended that the applicant(s) meet with the Planning Department and other reviewing departments prior to submitting a rezoning application to review related Comprehensive Plan Policies, other City ordinances and policies and other issues that may be involved.

Applicants are strongly advised to discuss the proposed rezoning and proffered conditions, if offered, with area civic association, property owners and residents prior to submitting the application.

When an applicant can demonstrate that the application of the CBPA standards to a lot or parcel located within the CBPA Overlay District would unreasonably restrict the utilization of the property under its existing zoning classification, the applicant can submit a written request for an exception or waiver to the Planning Department. This application pertains to the encroachment within the 50 foot landward portion of the 100-foot Resource Protection Area (RPA) buffer of the Chesapeake Bay Preservation Area (CBPA) district. It is intended for new development OR additions/alterations on pre-existing “grandfathered” lots (lots recorded prior to January 21, 1992, or recorded prior to March 1, 2002 within subdivisions that have a function BMP). All development occurring in the RPA of the CBPA district must be approved by the CBPA Review Committee.

All applicants should review the City’s CBPA Ordinance in Chapter 26, Article X of the City Code as well as the current CBPA Specifications Manual for additional information on district requirements. The following types of activities within the 50-foot landward portion of the 100-foot RPA require review by the CBPA Review Committee only:

• Addition(s) to the principal structure, provided that no more than one detached structure located within six (6) feet of the principal building shall be entitled to a waiver by the CBPA Review Committee;
• Redevelopment activities outside the IDA;
• Roads or driveways;
• Redevelopment activities within an IDA;
• Flood control or stormwater management facilities;
• Bona fide agricultural activities; and
• Wetland restoration activities.

Other CBPA exceptions may require approval by the Wetlands/CBPA Board. All applicants shall consult the Planning Department to determine which CBPA Exception application is required and to identify any potential problem areas.

When an applicant wishes to appeal a decision of the CBPA Review Committee, a CBPA Appeal application may be submitted to the Planning Department for review by the Wetlands/CBPA Board.

The Planning Department will review the application for completeness. If the application is found to be incomplete, the Planning Department will return the application, site plans and filing fee to the applicant, with a description of the manner and areas in which the application is incomplete. The filing fee for CBPA Appeals or Exceptions is $200.00 per lot for which relief is sought.

When an applicant can demonstrate that the application of the Chesapeake Bay Preservation Area (CBPA) ordinance to a lot or parcel located within the CBPA District would unreasonably restrict the utilization of the property under its current zoning classification, a CBPA Exception application can be submitted for consideration by the Wetlands/CBPA Board. All prohibited development within the Resource Protection Area (RPA) of the CBPA District shall require submittal of a CBPA Exception application.

Certain encroachments in the RPA are either exempt or require CBPA Committee approval only. All applicants shall consult the Planning Department to determine which CBPA Exception Application is required and to identify any potential problem areas.

A conditional use permit is required for land uses listed in the Chesapeake Zoning Ordinance as a "conditional use." Certain land uses in the Ordinance require intensive review to determine whether they are appropriate in specified situations and whether special conditions would make the land use sufficiently compatible with the immediate area to warrant the granting of a use permit for the proposed use.

The Historic Preservation Commission (HPC) is responsible for reviewing the historical significance of the text of the sign, and the relevance of the site on which the sign will be placed. If the sign receives the Commission’s approval, the Commission shall recommend that the City fabricate and install the sign. Signs which are placed per these guidelines will qualify as an official historic marker and will be embossed with the HPC insignia (to be determined).

An application for the creation/modification of a Planned Unit Development is required when a property owner proposes to rezone his or her property to Planned Unit Development or seeks to amend the language or requirements of a Master Development Plan for an existing Planned Unit Development. The establishment of Planned Unit Development (PUD) districts are for specialized purposes where tracts are in a suitable location, area and character for the uses and structures proposed to be planned and developed in a unified manner. Suitability of such tracts for the plans and development proposed for the PUD district shall be determined primarily by reference to the existing and prospective character of surrounding development and the City's Comprehensive Plan. Within PUD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to the same degree as in districts in which regulations are intended to control development on a lot-by-lot rather than unified basis. PUDs are further intended to promote the economical and efficient use of land, an improved level of amenities, appropriate and harmonious variety in physical development, creative design, and a better environment.

In view of the substantial public benefits of Planned Unit Developments, it is the intent of the Chesapeake Zoning Ordinance to promote and encourage development in this form where undeveloped parcels are in an appropriate location which lends them to an individual, planned approach.

A Planned Unit Development Deviation is required for relief from the literal terms of approved Planned Unit Development Criteria for properties located within a Planned Unit Development. Consideration for a deviation can be processed as part of a required preliminary site plan or subdivision plan review or as a separate request.

A preliminary site plan is required for new construction and additions located on land zoned commercial, office and institutional, industrial, and multi-family residential. This review ensures that the site plan conforms to all City Code development ordinances and standards.

On September 25, 2002, the Planning Commission delegated preliminary site plan review to the Planning Department. A preliminary plan is required for multi-family residential, large retail establishments (cumulative gross square footage exceeds 50,000 square feet) and for properties located within the Transportation Corridor Overlay District that have been rezoned since June 13, 2001. All other site plans do not require preliminary review and final construction plans may be submitted directly to the Department of Public Works. If in doubt, the Planning Department should be consulted to determine if a preliminary site plan will required.

A preliminary subdivision plan is required when a parcel of land is subdivided into more than five lots, or when a new street or public utility extension must be constructed to serve a newly subdivided parcel. This review ensures that the subdivision meets all design criteria established by the Chesapeake Subdivision Ordinance and ensures the citizens and community that the subdivision is properly designed and equipped.

A special exception may be granted by the Planning Commission for relief of specific Zoning Ordinance requirements only under special circumstances. The Chesapeake Zoning Ordinance specifies when a property owner can apply for a special exception. Consideration for a special exception can be processed as part of a required preliminary site plan or subdivision plan review or as a separate request.

A street closure petition is required when an owner of property located adjacent to a street or other public right-of-way seeks to close the street or other public right-of-way and convert it to private property.

Section 70-86 of the Subdivision Ordinance states that in cases where the subdivider can show that strict adherence to the public improvement requirements in articles III and IV of the Subdivision Ordinance would cause an unnecessary hardship, the Planning Commission may grant a variance to such requirements. When considering a variance, the Planning Commission must determine that because of topography or other conditions peculiar to the site, a departure from the requirements can be made without destroying the intent of the Subdivision Ordinance standards and provisions.

Section 26-241 of the Chesapeake City Code states that no person shall excavate a borrow pit within the City without first having obtained a conditional use permit from City Council. Certain land uses, such as excavations/borrow pits, require intensive review to determine whether they are appropriate in specified situations and whether special conditions would make the land use sufficiently compatible with the immediate area to warrant the granting of a use permit for the proposed use.

A conditional use permit for a solid waste management facility is required when the facility operates for the collection, source separation, storage, transportation, transfer, processing, recycling, composting, treatment, or disposal of solid waste. A conditional use permit for a solid waste management facility is required for all zoning districts. The conditional use permit process allows intensive review of the proposed operation to determine whether it is appropriate in specified situations and whether special conditions would make the use sufficiently compatible with the immediate area to warrant the granting of a use permit for the proposed solid waste management facility operations.