City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 15-0006
Ordinance to Amend and Reenact Chapter 35.1 of the City Code
of the City of Hampton, Virginia Entitled, Site Plans By Amending Section
35.1-2 Pertaining to Application and Scope of Chapter and Definitions and
Adding Sections 35.1-2.1 and 35.1-2.2 Pertaining to Exemptions from Site Plan
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require:
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that
Chapter 35.1 of the City Code of the City of Hampton, Virginia be amended and
reenacted to read as follows:
Sec. 35.1-2. . Application and scope of chapter; definitions.
(A) The site
plan regulations contained in this chapter shall apply within the corporate
limits of the city.
as may otherwise be defined herein or in other applicable provisions of the
City Code and the City Zoning Ordinance, the definitions set forth in chapter
2.1 of the City Zoning Ordinance shall control the meaning of any terms or
phrases used herein. The terms "owner" and "developer" are
used interchangeably throughout this chapter and the provisions of this chapter
are applicable to an owner or developer of a site.
Approved site plan required.
exempt pursuant to section 35.1-2.2, the following shall require submission of
a site plan for review and approval prior to the issuance of any building,
zoning, right-of-way, or infrastructure permit or certificate of occupancy:
(1) New construction and redevelopment. Any
structure or improvement permitted by the zoning ordinance as a principal,
accessory, conditional, or special exception use in any district.
(2) Newly created parking lots and expansions to
existing parking lots. Any new parking lot or expansion to an existing parking
lot exceeding 10,000 square feet of land disturbance.
(3) Alteration of grade. Alteration of the
grade of land in such
a manner as to change existing contours in excess of three (3) feet.
(4) Construction or alteration of public
facilities or infrastructure. Construction or alteration of public
streets, alleys, sidewalks, curbs, gutters, retaining walls, off-street parking
facilities, sewer or drainage systems, stormwater management improvements, or
other such public improvements.
Exemptions from site plan approval.
following types of development are exempt from the requirement for a site plan
(i) A subdivision of one-family dwellings if a development plan
has been submitted and approved in accordance with chapter 35 of the city code.
(ii) A subdivision of
one-family dwellings if a subdivision plat was duly recorded before the
adoption of the city's subdivision ordinance.
(ii) One-family, two-family
and duplex dwellings and accessory buildings or accessory structures to such
dwellings, except as may be otherwise regulated or prohibited under other
applicable provisions of the zoning ordinance or city code.
(2) Agricultural operations. Agricultural operations as defined by 3.2-300 of the Code
of Virginia, as amended, and under those uniform standards as may be prescribed
by the commissioner of agriculture and consumer services, or those uses devoted
to and meeting the requirements and qualifications for payments or other
compensation pursuant to a soil conservation program under an agreement with an
agency of the federal government.
(3) Bona fide tree farmers. Bona fide tree farmers having a forest planting, cutting,
or management plan approved by the state forester of the department of forestry
and a written certification from the state forester that the proposed
operations are in conformity with the approved management plan prior to any
timber harvesting operations.
following additional types of development set forth in subsection (C) are
exempt from the requirement for site plan approval provided that the following
conditions are met:
(1) The development does not require direct connection
to public infrastructure, not including taps or meter connections.
(2) The development does not reduce the amount of
existing green area on the site.
(3) No part of the development is within the
Chesapeake Bay Preservation district as set forth in the zoning ordinance.
(4) The applicant submits a scaled two-dimensional
plan or drawing and physical property survey as set forth in chapter 25 of the
zoning ordinance, which governs issuance of building permits.
that all of the requirements stated in subsection (B) are met, the following
types of development are exempt from site plan approval:
(1) Additions to buildings or storage structures. Additions to building or storage
structures less than 1,000 square feet in area.
(2) Alterations or
additions to a site. Alterations or additions to a site that do not exceed
10,000 square feet of land disturbance such as walkways, landscaping, paving,
light poles, or lighting fixtures, but not including buildings or structures.
(3) Ornamental and accessory structures and faade improvements. Ornamental structures or
faade improvements, including but not limited to bay windows, chimneys,
canopies, decks (covered and uncovered), vestibules, loading docks, and mechanical
(4) Temporary uses and structures. Temporary uses, buildings, and structures provided that such
a use, building, or structure:
(i) Does not
exceed a continued period of six (6) months;
(ii) Does not occur before a period of 90 days has
elapsed since the last temporary use building, or structure was terminated and
completely removed from the site; and
(iii) Does not remain on the site more than 30 days
after discontinuance of the temporary use, building, or
(5) Public service
companies performing normal and necessary maintenance activities.
(6) Recreational amenities in public parkland.
Recreational amenities in public parkland that do not exceed a total of
10,000 square feet land disturbance, including but not limited to gazebos,
benches, and playground equipment; provided, however, this exception shall not
include uses such as swimming pools, paved tennis or play courts regardless of
(7) Bus shelters.
(8) Retaining walls. Retaining walls affecting
less than 10,000 square feet of land disturbance with review and approval by
the U.S. Army Corps of Engineers, the Virginia Department of Environmental
Quality, the Hampton Wetlands Board, the Chesapeake Bay Review Committee, and/
or the Virginia Marine Resources Commission, as applicable.
(D) All development,
regardless of exemption from this chapter, shall be subject to all other
applicable provisions of the city code and zoning ordinance, including but not
limited to chapters 9, 13.1, 33.2 and 41.1 of the city code.
the regular meeting of the City Council of the City of Hampton, Virginia held
on January 14, 2015.
Signed by ____________________________ Date
George E. Wallace, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council