Legislation # 14-0036 Enactment Number Z14-25
Type Ordinance - Zoning Text Effective Date none
Introduction Date 1/8/2014
Title Ordinance to amend and re-enact Chapter 17.2 of the Zoning Ordinance of the City of Hampton, Virginia entitled “M-5 District—Langley Flight Approach—Mixed Use District” by amending section 17.2-3 - Permitted uses; and section 17.2-4 - Limitations on permitted uses.
 
Legislation History 14-0036
DateNotice Of ActionDescription
5/17/2014 Enactment Number Z14-25
1/8/2014 Approved items 14-0013 through 14-0037.
12/23/2013 Received By Clerk's Office
 
View Attachments 14-0036
FileTypeSizeDescription
ZOA 132-2013.pdf PC Resolution 224K Resolution
Ch 17.2 Red Line.docx Other 27K Red line
 
Legislation Text 14-0036

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0036

 

Enactment Number: Z14-25

 

Ordinance to amend and re-enact Chapter 17.2 of the Zoning Ordinance of the City of Hampton, Virginia entitled M-5 DistrictLangley Flight ApproachMixed Use District by amending section 17.2-3 - Permitted uses; and section 17.2-4 - Limitations on permitted uses.

 

Whereas, the public necessity, convenience, general welfare and good zoning practice so require;

 

BE IT ORDAINED by the Council of the City of Hampton, Virginia that chapter 17.2 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:

 

CHAPTER 17.2 - M-5 DISTRICTLANGLEY FLIGHT APPROACHMIXED USE DISTRICT

 

Sec. 17.2-1. - Intent.

 

The intent of the M-5 District, Langley Flight ApproachMixed Use District, is to provide reasonable land use regulations for the portion of the flight approach to Langley Air Force Base west of Magruder Boulevard. The regulations limit the intensity of development, specifically the concentration of people living and working in the area within the flight approach, so that there is no negative impact on the flight operations at the Base, but also provide for a wide range of commercial and industrial activities, consistent with the City of Hampton's goals to develop the Magruder Corridor as an economically viable business center.

 

Sec. 17.2-2. - Composition of M-5 District.

 

The M-5 District shall be composed of four (4) subdistricts:

 

(1) M-5A, Langley Flight ApproachHampton Roads Center, shall include use and density restrictions commensurate with the intent of the M-5 District overall, incorporating appropriate regulations from the SPI-HRC District to ensure the continuation of the Hampton Roads Center business park atmosphere.

(2) M-5B, Langley Flight ApproachLimited Business I, shall include use and density restrictions, without the additional SPI-HRC requirements.

(3) M-5C, Langley Flight ApproachLimited Residential, shall include use restrictions that allow for the continuance of the existing residential development, but no expansion of that residential use.

(4) M-5D, Langley Flight ApproachLimited Business II, shall include use and density restrictions, without the additional SPI-HRC requirements, but with special limitations set forth hereafter.

(Amended 1-28-98)

 

Sec. 17.2-3. - Permitted uses; M-5 District.

 

Uses shall be permitted as set forth in Chapter 2 - Uses Permitted.

 

Sec. 17.2-4. - Development standards; M-5 District.

 

(1) No use shall be permitted in the M-5 District that has any of the following characteristics:

(a) Releases into the air any substance that would impair visibility or otherwise interfere with the operation of aircraft, such as steam, dust or smoke;

(b) Produces light emissions, either direct or indirect (reflective) that would interfere with pilot vision;

(c) Produces electronic emissions that would interfere with the aircraft communication systems or navigational equipment;

(d) Attracts concentrations of birds that would be hazardous to flight operations; or

(e) Involves the use or storage of explosive materials.

(2) Any use involving the use or storage of flammable or combustible materials shall conform to all pertinent requirements of chapter 14, article II, of the city code, the Fire Prevention Code.

(3) Reserved.

(4) Reserved.

(5) Any use permitted in M-5A shall be conducted within a wholly enclosed building.

(6) The only movie theater permitted in M-5D is that theater on Site Plan 34-96, approved October 29, 1996 (regardless of ownership), or its substantially equivalent replacement. Such theater is limited to the square footage shown on this site plan; no expansion of this theater within the M-5D boundaries is permitted through this ordinance.

(7) Notwithstanding subsection 17.2-5(1), structures shown on Site Plan No. 47-96, approved August 7, 1997, that fall within the M-5D boundary shall be limited to the square footage shown on the site plan; expansion of these buildings within the M-5D boundaries is not permitted through this ordinance unless the expansion is for storage only. Any approved expansion for storage shall not be construed to allow any increase of allowable sales or service area within the M-5D boundary.

(Amended 10-23-96; 1-28-98)

 

Sec. 17.2-5. - Building size regulations; M-5 District.

 

(1) For all uses in the M-5 District, the following maximum building area per acre, exclusive of storage areas, shall be permitted:

(a) Retail, except furniture and appliance salesnot to exceed five thousand (5,000) gross square feet per acre.

(b) Furniture and appliance salesnot to exceed ten thousand (10,000) gross square feet per acre.

(c) Personal servicesnot to exceed five thousand (5,000) gross square feet per acre.

(d) Manufacturing, compounding, processing, packaging, treatment or assemblynot to exceed twelve thousand five hundred (12,500) gross square feet per acre.

(e) Officenot to exceed seventy-five hundred (7,500) gross square feet per acre.

(f) Banksnot to exceed six thousand two hundred fifty (6,250) gross square feet per acre.

(g) Private recreation centersnot to exceed five thousand (5,000) gross square feet per acre.

(h) Brokerage, storage, warehousing, or distribution centersno limitation.

(2) In addition to the limitations outlined in subsection 17.2-5(1), all development within M-5A shall conform to the following:

(a) No building or group of buildings shall be erected or placed on a lot containing less than three and one-half (3) acres, unless a lot of lesser area has been recorded prior to May 1, 1985.

(b) The minimum gross floor area of a building or a group of buildings on a lot shall be twenty-five thousand (25,000) square feet.

 

Sec. 17.2-6. - Building height; M-5 District.

 

Structures in the M-5 District shall be permitted a maximum height of sixty (60) feet.

 

Sec. 17.2-7. - Setback regulations; M-5 District.

 

(1) Properties within M-5A:

(a) Building setbacks:

(i) For properties adjacent to the Magruder Boulevard right-of-way, buildings shall be set back at least eighty (80) feet, or twice the building height, whichever is greater, from Magruder Boulevard.

(ii) For properties adjacent to an interior Hampton Roads Center right-of-way, buildings shall be set back at least sixty (60) feet, or twice the building height, whichever is greater, from that right-of-way.

(iii) Any side yard not adjacent to said rights-of-way shall be at least twenty (20) feet deep.

(iv) Any rear yard not adjacent to said rights-of-way shall be at least forty (40) feet deep.

(v) No building shall be located within twenty (20) feet of any lake maintenance easement in Hampton Roads Center.

(b) Setbacks for all other improvements, exclusive of entry ways:

(i) No parking shall be located within eighty (80) feet of the Magruder Boulevard right-of-way.

(ii) No parking shall be located within sixty (60) feet of the right-of-way of any interior Hampton Roads Center right-of-way.

(iii) No parking shall be permitted within any other side or rear yard, as described in subsection 17.2-7(1)(a).

(iv) No parking shall be permitted within twenty (20) feet of any lake maintenance easement in Hampton Roads Center.

(2) Properties within M-5B and M-5D:

(a) Rights-of-way.

No improvements shall be constructed within ten (10) feet of any existing or proposed public right-of-way.

(b) Side yards.

No improvements shall be constructed within three (3) feet of any side property line that is not abutting an existing or proposed public right-of-way. However, in the case where the side property line in an M-5B District abuts upon a lot in a residential zoning district or M-5C, then there shall be a side yard the same as required in that district.

(c) Rear yard.

No improvements shall be constructed within three (3) feet of a rear property line that is not abutting an existing or proposed public right-of-way. However, in the case where the rear property line in an M-5B District abuts upon a lot in a residential zoning district or M-5C, then there shall be a rear yard the same as required in that district.

(3) Properties within M-5C shall have setbacks equal to those required in the R-9 District or, if applicable, equal to those required under the R-OS use permit governing the property.

(Amended 1-28-98)

 

Sec. 17.2-8. - Off-street parking and loading; M-5 District.

 

Uses permitted in any M-5 District shall provide garage or vehicle parking spaces and off-street loading spaces as required in chapter 19 hereof.

 

Sec. 17.2-9. - Reserved.

 

Sec. 17.2-10. - Nonconforming uses; M-5 District.

 

Given the nature of the M-5 District and its stated purpose, nonconforming uses in the district shall be regulated. Notwithstanding the provisions of section 21-2 herein, nonconforming uses in the M-5 District shall not generally be permitted to expand beyond the square footage existing on September 9, 1992. However, if the specific use involved in the proposed expansion meets the general intent of this district, such expansion may be permitted according to the appropriate development limitations contained in this chapter.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on January 8, 2014.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council