Deep Creek

The City of Chesapeake does NOT maintain a standalone accessory-dwelling-unit ordinance with codified definitional and dimensional standards. ADUs in Chesapeake are regulated indirectly through the Zoning Ordinance's treatment of 'accessory uses,' 'accessory structures,' and 'family member dwellings' as supplementary uses in residential and agricultural zoning districts. The relevant residential districts are R-MF-1 / R-MF-2 (multifamily), R-12 / R-15 / R-MH (single-family), R-6S (small-lot single-family), R-8 / R-10 / R-15S, and R-E (estate residential, typically 1-acre minimum or larger), plus the agricultural / rural districts A-1 (Agricultural) and the Conservation district. In the A-1 Agricultural District (which covers the great majority of land in southern and western Chesapeake including the Great Bridge / Hickory / Pleasant Grove / Western Branch rural fringes), a 'family member dwelling' or farm-labor tenant dwelling is permitted by right subject to minimum lot acreage (typically 3+ acres for a family-member dwelling, with documented bona-fide family relationship), demonstrated agricultural-use connection or family-occupancy, and Zoning Administrator approval; a fully independent second dwelling for non-family occupancy typically requires a Conditional Use Permit from City Council after Planning Commission recommendation. In the R-12 / R-15 / R-15S single-family residential districts (which cover the great majority of suburban Chesapeake including Greenbrier, Western Branch, Deep Creek, and most of the platted Great Bridge subdivisions), a 'guest cottage' or detached accessory structure without independent kitchen facilities is generally permitted by-right as an accessory structure subject to setback, height, and lot-coverage standards (typically max 25 percent of principal-dwelling floor area, max 15 feet building height, minimum 5-foot side setback for accessory structures, no separate utility metering unless explicitly approved); a second independent dwelling on the same parcel typically requires a Conditional Use Permit. In the R-E Estate Residential district (large-lot rural-residential along the eastern and southern fringes), guest cottages and accessory structures have somewhat more latitude given the larger minimum lot sizes. Internal (attached) ADUs created within an existing single-family dwelling - for example, a basement apartment or a converted garage with a second kitchen - typically require a Conditional Use Permit because the Zoning Ordinance defines a single-family dwelling as containing one and only one kitchen. Applicants should confirm current ordinance text with the Department of Planning before pricing a project - the ordinance is amended periodically and the Conditional Use Permit application path is the binding constraint on most ADU projects in Chesapeake.

The City of Chesapeake administers several overlay regimes that bear materially on ADU projects, and the combination of Hampton Roads coastal-plain geography, Elizabeth River tidal frontage, and Great Dismal Swamp adjacency makes Chesapeake one of the more overlay-dense independent cities in Virginia. The relevant overlays are: (1) a Floodplain Management Overlay tied to FEMA Special Flood Hazard Areas (Article 19 of the Zoning Ordinance), which covers a substantial fraction of the city - Hampton Roads is one of the most flood-exposed metro areas in the United States given coastal-plain geometry, sea-level-rise trajectory, and the geological setting; (2) Chesapeake Bay Preservation Area jurisdiction across the entire city (Chesapeake is a Tidewater locality designated under Va. Code Section 62.1-44.15:67 et seq., Article 14 of the Zoning Ordinance), with Resource Protection Area (RPA) buffers of 100 feet from perennial water bodies and tidal wetlands and Resource Management Area (RMA) coverage on most remaining landward extent; (3) Virginia Marine Resources Commission (VMRC) tidal-wetlands and subaqueous-bottom jurisdiction reaching any project touching tidal waters, wetlands, dunes, or beaches; (4) Section 404 Clean Water Act jurisdictional wetlands across the southern and southwestern portions of the city (the Great Dismal Swamp National Wildlife Refuge covers approximately 100,000 acres straddling the Virginia-North Carolina line, and a substantial portion lies inside Chesapeake city limits - adjacent and proximate development triggers ACOE Norfolk District review); (5) the South Norfolk Historic District local overlay (the older urban core inherited from the pre-1963 City of South Norfolk merger), with Architectural Review Board review for exterior changes visible from a public right-of-way; (6) the Great Bridge battlefield vicinity NRHP listing (the December 1775 Battle of Great Bridge, a strategically pivotal early Revolutionary War engagement, is commemorated in a city park near Battlefield Boulevard); (7) the Dismal Swamp Canal Trail and the historic Dismal Swamp Canal corridor (NRHP-listed, the oldest continuously-operating man-made canal in the United States, originally surveyed by George Washington and constructed beginning in 1793). Chesapeake has NO California-style coastal commission (Virginia has no coastal-commission analog; coastal regulation flows through the CBPA, VMRC, ACOE, and local ordinance), NO CalFire-equivalent WUI regulatory overlay, and NO seismic-retrofit overlay.

• Floodplain Management Overlay (Article 19)
• Chesapeake Bay Preservation Area (Article 14): Resource Protection Area and Resource Management Area
• Section 404 Clean Water Act jurisdictional wetlands and Great Dismal Swamp adjacency
• Virginia Marine Resources Commission (VMRC) tidal-wetlands and subaqueous-bottom jurisdiction
• South Norfolk Historic District, Great Bridge battlefield vicinity, and Dismal Swamp Canal corridor

The City of Chesapeake's Department of Planning handles zoning permits, Conditional Use Permits, site plan review, subdivision review, and Chesapeake Bay Preservation Area administration for every parcel within city limits. The Department of Development and Permits issues building permits and trade permits. Because Chesapeake is an INDEPENDENT CITY (county-equivalent), there is no separate county to coordinate with - the city is its own permitting authority for all matters that would in a typical state involve both city and county. A typical ADU-like permit bundle in Chesapeake includes: (1) a Conditional Use Permit from City Council with Planning Commission recommendation, unless the parcel qualifies for an A-1 family-member or farm-labor dwelling allowance or the project can be structured as a no-kitchen 'guest cottage' accessory structure, (2) a Zoning Permit confirming use compliance and district setback compliance, (3) a Building Permit with stamped residential plans, (4) Electrical, Plumbing, and Mechanical trade permits, (5) Hampton Roads Sanitation District (HRSD) sewer-connection review for parcels within the HRSD service area (the great majority of urbanized Chesapeake), or a Virginia Department of Health Chesapeake Health District construction permit for well and septic on parcels not served by public water/sewer (limited to the rural fringe in southern and western Chesapeake), (6) a Floodplain Development Permit if any portion of the parcel is within the mapped Special Flood Hazard Area - which is a SUBSTANTIAL fraction of parcels in Chesapeake because the city has extensive Elizabeth River, Southern Branch / Eastern Branch / Western Branch tidal-river frontage, the Great Dismal Swamp drainage to the south and west, and pervasive low-lying coastal-plain topography, (7) a Chesapeake Bay Preservation Act review - Chesapeake IS a Tidewater locality subject to the CBPA, with Resource Protection Area (RPA) and Resource Management Area (RMA) rules applying across most of the city, (8) a Virginia Marine Resources Commission (VMRC) permit for any work below mean high water on tidal river frontage or encroaching on tidal wetlands, (9) a US Army Corps of Engineers permit where federal waters or jurisdictional wetlands are involved (the Great Dismal Swamp adjacency makes Section 404 review common in southern Chesapeake), and (10) Historic District review if the parcel is within a designated local historic overlay (notably South Norfolk Historic District, the smaller historic vicinity of Great Bridge battlefield, and scattered NRHP-listed properties).