City of Hampton, Virginia
Ordinance - Zoning Text
22 Lincoln Street
Hampton, VA 23669
Enactment Number: Z09-02
Ordinance Amendment by the City of Hampton to amend Chapter 17.3, Special
Public Interest District, Article XVII, SPI-BBD: Buckroe Bayfront District,
Sec. 17.3-133, Administration, to adjust the sequence for architectural design
review of new buildings proposed in the District.
Section 17.3‐132 Application of the District
A. The Buckroe Bayfront District exists as an alternative set
of development standards for properties within the District. The standards of
the District shall be applied to City and Hampton Redevelopment and Housing
Authority owned properties. For privately owned properties the City shall not
apply the standards of the Buckroe Bayfront District unless a Letter of Intent
has been submitted or the property has been previously developed or redeveloped
under the provisions of the District.
B. The Buckroe Bayfront District shall consist of five subdistricts:
Single Family Residential, Mixed Residential, Optional Mixed‐Use,
Required Mixed‐Use, and Special. The boundaries of each
sub‐district are shown on the Buckroe Bayfront District Map, which shall
act as a supplement to the Citys Zoning Map.
C. In the case of conflict between the Buckroe Bayfront
District and those of the underlying zoning district or any other provisions of
the City Code, the standards of the Buckroe Bayfront District shall apply.
D. Upon issuance of building permits or final subdivision approval
under the standards of the Buckroe Bayfront District the SPI‐BBD becomes
the base zoning district of the property for the purpose of future development,
redevelopment, or renovation and shall be recorded on the Zoning District Map,
Hampton, VA. Once a parcel is developed under the SPI‐BBD standards, the
standards of the previous zoning designation are no longer applicable.
Section 17.3‐133 Administration
and administration of the Buckroe Bayfront District standards shall be the
joint responsibility of the Zoning Administrator and the Planning Director or
their designees. All interpretations shall be agreed upon by both the Zoning
Administrator and the Planning Director. In the event that these two
individuals cannot agree, the City Manager shall have final decision making
authority on questions of interpretation. The Buckroe Bayfront Pattern Book and
Buckroe Master Plan (2005, as amended) shall serve as guidance in the
application review process. Small variations in dimensional requirements,
representing less than a five foot change to required setbacks or a 10% change
to area measurements, as appropriate, from any requirement described in the
table in Section 17.3‐134A. General Lot Standards, can be approved by
the Zoning Administrator and the Planning Director or their designees. The
architectural standards may be modified in certain circumstances, subject to
the approval of the Zoning Administrator and the Planning Director or their
designees based on contributing to the unique character of Buckroe and
consistent with the Buckroe Master Plan (2005, as amended). Such
modifications shall not be applied to all buildings within a development
project and should only be allowed in order to create individual unique
An owner or developer should meet with the Planning
Director or his designee in advance of submitting a preliminary design plan.
Before or concurrently with submittal of a preliminary
design plan, an owner or developer intending to develop under the Buckroe Bayfront
District standards may submit a Letter of Intent. A Letter of Intent must
clearly state the area or property to be included within the District, include
a plat and legal description of the property(ies), and the signature(s) of the
current property owner(s) of record.
of Preliminary Design Plan
The owner or developer shall submit three copies of a
preliminary design plan in accordance with the provisions of this Article to
the Planning Director or designee.
of Preliminary Design Plan
Upon the acceptance of a complete application, the
Planning Director shall approve, conditionally approve or disapprove the
preliminary design plan within 30 days, requesting thereon any changes or
additional information that will be required. In the case of disapproval, the
reasons for such shall be identified in writing, referencing specific adopted
ordinances and regulations. Modifications or corrections that would permit
approval shall also be identified. One copy shall be returned to the applicant
or the developer or his authorized representative, with the date of such
approval, conditional approval or disapproval noted thereon over the signature
of the Zoning Administrator and Planning Director or their designees.
of Final Design Plan
Once approval or conditional approval
has been received, the owner or developer may submit a final design plan in
accordance with the provisions of this chapter to the Zoning Administrator and
Planning Director or their designees. The final design plan shall be reviewed
for consistency with the preliminary design plan and any conditions imposed
thereon and a letter signed by the Planning Director indicating approval or
disapproval shall be sent to the owner or developer within 14 days of
acceptance of a complete application.
6. Simultaneous Review An owner or
developer may submit plans as required under the site plan or subdivision
ordinances for review simultaneous with the final design plan review process.
The Planning Director or his designees shall meet with representatives of the
Departments of Public Works, Codes Compliance, and any other agency necessary
to conduct preliminary review of the development project. Final site plan or
subdivision approval shall not be issued until final design review is complete
and the owner or developer has received a letter of compliance indicating
approval signed by the Zoning Administrator and the Planning Director or their
7. Other Permits
a) No land disturbing permit shall be issued for
projects subject to the Buckroe Bayfront District standards until the owner or
developer has received a letter of compliance indicating Final Design Plan
approval signed by the Zoning Administrator and the Planning Director.
b) No building permit shall be issued for
buildings subject to the Buckroe Bayfront District
standards until the owner or developer has
received a letter of compliance indicating approval of building illustrations
signed by the Planning Director.
8. Decisions of the Planning Director can be
appealed to the Hampton Planning Commission in a duly advertised public hearing
pursuant to the Code of Virginia $15.2-2204 advertisement of plans,
ordinances, etc. The Hampton Planning Commission shall either approve or deny
the request. A non-refundable $325 fee shall be assessed for an appeal request
to cover the cost of advertising for the public hearing. The Hampton Planning
Commission is the final authority with regards under article XVII. Special
Public Interest: Buckroe Bayfront District.
Applications under the standards of the SPI‐BBD
may be withdrawn at any time before issuance of building permits or approval of
any subdivision, boundary line adjustment or property split.
1. Preliminary Design Plan
The owner or developer shall submit a current survey
plat of the property along with a preliminary design plan which shall include
a) A plan depicting existing site
conditions including any existing buildings, pavement, and trees.
b) Conceptual site plan showing the
location of any proposed new buildings, proposed renovations of any existing
buildings, and proposed and retained existing pavement.
c) Proposed conceptual landscaping
plan identifying the type, size, and location of both existing and proposed
2. Final Design Plan
After approval or conditional approval of a
preliminary design plan, the owner or developer shall submit a final design
plan which shall include the following:
a) Site plan consistent with the
requirements of Chapter 9 Building and Development Regulations, Article IV
Site Plans of the Hampton City Code. For single family, duplex or two family
dwellings, a plan showing the location of any proposed new buildings, proposed
renovations of any existing buildings, and proposed and retained existing
pavement. For subdivisions, a preliminary subdivision plat consistent with
Chapter 35 Subdivisions, Article II Preliminary Plat of the Hampton City
narrative describing how each of the comments made on the preliminary design
plan have been addressed in the final design plan.
Building Illustrations Building illustrations depicting front, side, and
rear elevations of all proposed buildings and renovations of existing buildings
may be submitted with the preliminary design plan, with the final design plan,
or later in the development review process. Building illustrations shall
include notation of the exterior materials to be used.
the regular meeting of the City Council of the City of Hampton, Virginia held
on March 11, 2009.
Signed by ____________________________ Date
Molly Joseph Ward, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass
Clerk of the Council