TA-Z April 23, 2015

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1 TA-Z April 23, 2015 AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE, ENTITLED ZONING, ARTICLE 3, SECTION 3-403; ARTICLE 6, SECTIONS AND ; AND ARTICLE 14, SECTION AND ADDING SECTION THEREOF, TO ADD A PERMITTED USE FOR BEEKEEPING AND BEEHIVE CONSTRUCTION, PLACEMENT, AND MAINTENANCE IN CERTAIN RESIDENTIAL DISTRICTS, SUBJECT TO CERTAIN CONDITIONS. WHEREAS the Council of the City of Chesapeake finds the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED by the Council of the City of Chesapeake, Virginia that Appendix A of the Chesapeake City Code, entitled Zoning Article 3, Section 3-403; Article 6, Sections and ; and Article 14, Section be amended and reenacted, and Article 14, Section be enacted, as follows: ARTICLE 3- INTERPRETATION AND DEFINITIONS Definitions. Beehive. A man-made accessory structure constructed and maintained to house a single colony of honey bees for the purpose of promoting pollination of plants and harvesting of honey. Livestock, domestic. Animals, excluding honey bees, normally raised on a farm, or as part of commercial agricultural or animal husbandry operation, or normally used for purposes related to agricultural production or commerce, wildlife farms and rehabilitation facilities. Livestock, including animal breeds derived from livestock, shall not be deemed to be pets and may not be maintained as an accessory to a residential use unless specifically permitted under this zoning ordinance. Livestock shall be divided into two (2) groups:

2 (1) Large animals including horses, mules, donkeys, llamas, cattle, swine, goats, sheep, and similar breeds. (2) Small animals including chickens, except as provided for in the definition of pet, turkeys, and other types of fowl, rabbits, except as provided for in the definition of pet, fish, except as provided for in the definition of pet, and breeds similar to those listed as small animals. For the purpose of this ordinance, the limitations set out in other sections of this ordinance on the number of animals per acre shall apply only to large animals. ARTICLE 6- RESIDENTIAL DISTRICTS Description. C. Special conditions pertaining to specific uses. In the table below, the numbers shown in the column entitled "condition" shall have the following meanings: 1. Limited to the R-TH-1 residential district only. 2. Limited to the RE-1 residential estate district only. 3. Multifamily dwellings having a height in excess of thirty-five (35) feet shall obtain a conditional use permit in accordance with article 17 of this Code. 4. In accordance with section of this Code. 5. Limited to cows, sheep, goats and other animals with the exception of hogs, provided that no more than one such animal is permitted for each 10,000 square feet of lot area and all stables and pens shall be located in accordance with section (B)(7) of this Code. Such use is limited to the RE-1 residential estate district only. 6. Limited to horse and pony keeping, grazing or stabling as an accessory use to the 2

3 primary residential use in the RE-1 residential estate district only, provided that no more than one such animal is kept for each 10,000 square feet of lot area and provided further that all stables and pens shall be located in accordance with section (B)(7) of this Code. 7. Limited to offices for doctors, lawyers, dentists, architects, accountants and engineers or other similar profession as approved by the zoning administrator conducted within the principal residential building but only by a person residing in such building, provided that (1) not more than one person not a resident of the premises is employed; (2) not more than 25 percent of the total floor area in any dwelling is devoted to such use; and (3) no traffic or parking generated will be greater in volume than would normally be expected in a residential neighborhood. This provision shall not apply to any use prohibited as a home occupation under section of this Code. 8. See section (B)(7) of this Code for supplemental regulations. 9. In accordance with chapter 26, article VII (section et seq.), of the city Code and section of this Code. 10. See section of this Code for supplemental regulations. 11. See section of this Code for supplemental regulations. 12. See section of this Code for supplemental regulations. 13. No such establishment shall be used for private gain. 14. See section of this Code for supplemental regulations. 15. See section of this Code for supplemental regulations. 16. An assembly use located in, or that will be located in, a building containing more 3

4 than one leasable space and required to obtain a conditional use permit shall submit all of the following in addition to the requirements of article 17 of this Code: a. A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future cotenants either by meeting the criteria set out in section of this Code or by obtaining approval of a cooperative parking arrangement under section of this section. If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included. b. A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Statewide Building Code and all amendments. c. A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended. d. A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space. Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code, as amended. 17. There shall be no more than ten persons housed on one lot and all operations shall 4

5 be operated and licensed in accordance with all city and state regulations. 18. See section of this Code for supplemental regulations. 19. See section (B)(7) of this Code for supplemental regulations. 20. See section of this Code for supplemental regulations. 21. See section of this Code for supplemental regulations. 22. See section of this Code for supplemental regulations. 23. See section of this Code for supplemental regulations. 24. Two-family developments are permitted in the R-10 district and multifamily districts only. 25. See section of this Code for supplemental regulations. 26. See section of this Code for supplemental regulations. 27. See section of this Code for supplemental regulations. 28. Permitted only on municipal (Chesapeake) sites. 29. See chapter 62, article IV (section et seq.) of the Chesapeake City Code for supplemental regulations. 30. Bed and breakfast/tourist home establishments shall be permitted as a conditional use in the Chesapeake Historic and Cultural Preservation Overlay District only. The establishment shall be in accordance with all regulations in section et seq. of this Code. 31. A conditional use permit shall be required for any central disposal system, including but not limited to, private sewage package plants, and for any regional drainfield serving more than one residential dwelling unit. In addition to the criteria in article 17, city council shall apply the level of service tests for roads and schools set out in Planning and Land Use Policy in the 2026 Comprehensive Plan. 5

6 An individual septic system that serves only one residential dwelling unit shall be exempt from the conditional use permit requirement. 32. See section of this Code for supplemental regulations. 33. See section of this Code for supplemental regulations Table of permitted and conditional uses in residential districts. Agriculture SIC Use 1F 2F MF 1F 2F MF 1F 2F MF Condition Parking 279 Beekeeping P P P P P P 33 ARTICLE 14- ACCESSORY USES AND STRUCTURES Keeping of livestock and honey bees as accessory to residential use Beekeeping; construction, placement, and maintenance of beehives. A. Construction and maintenance of beehives for the purpose of beekeeping is permitted in single-family and two-family residential districts other than R-TH-1 as indicated in Section of this Code. Any beehive shall be subject to the requirements set out in this section and in the City Code and Zoning Ordinance, as applicable. B. Requirements for the construction and maintenance of beehives and beekeeping activities in residential districts: 1. There shall be no more than four (4) beehives per 8,000 square feet or less of lot or parcel area. On parcels or lots consisting of less than one (1) acre of land, two

7 (2) additional beehives shall be allowed for each additional 2,000 square feet in excess of 8,000 square feet of lot area, with a maximum of eight (8) beehives allowed. The density restrictions established by this section shall have no application to beehives kept, placed or maintained on any parcel of real property of one (1) acre or more in size. 2. It shall be unlawful for any person to keep, place, or allow a beehive to remain: (a) Closer than ten (10) feet to the property line of adjoining property not owned by the person maintaining the beehive; or (b) Closer than thirty (30) feet to any house or other residential dwelling other than the residence of the person maintaining the beehive, or any, hotel, motel, office, commercial establishment, church, or school; or public right of way. 3. For any beehive placed within forty (40) feet of any property line adjoining a residential property or public right of way, a fence shall be erected to establish bee flyways above head height must separate the beehive from such property line or public right of way. The fence must be no less than 6 feet in height and extend no less than 40 feet in length from the hive in all directions of the property line that abuts residential property as permitted by Section et. seq of this ordinance and shall be subject to the requirements of Section of this Ordinance. The fence shall be of solid construction/stockade fence and be flush to the ground. 4. An adequate water source must be provided within twenty (20) feet of any beehive. An adequate water source shall consist of an accessible and useable supply of water for the bees maintained so as not to harbor mosquitoes. 5. Honey bees must be acquired and beehives constructed and maintained in

8 accordance with Title 3.2, Chapter 44 of the Code of Virginia as determined by the State Apiarist. ADOPTED by the Council of the City of Chesapeake, Virginia, this day of, ATTEST: Acting Clerk of the Council APPROVED: Mayor

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