Legislation # 13-0332 Enactment Number Z13-43
Type Ordinance - Zoning Text Effective Date none
Introduction Date 8/14/2013
Title Ordinance to Amend and Re-enact Chapter 17.1 entitled “M-4 District – Langley Flight Approach- Land Intensive Manufacturing District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.1-3 (1)(d), (e) and (r) and sections 17.1-3(2)(e) and (m),and Adding sections 17.1-3(1)(ff) and 17.1-3(2)(hh) pertaining to changing the term “conditional privilege” to “use permit” and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.
 
Legislation History 13-0332
DateNotice Of ActionDescription
8/27/2013 Enactment Number Z13-43
8/14/2013 Adopted
8/5/2013 Received By Clerk's Office
 
View Attachments 13-0332
FileTypeSizeDescription
Chapter-17 1M-4 use permitRedline.doc Advertisement 54K Redline
ZOA 075-100_PC resolution.pdf PC Resolution 235K PC Resolution
 
Legislation Text 13-0332

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0332

 

Enactment Number: Z13-43

 

Ordinance to Amend and Re-enact Chapter 17.1 entitled M-4 District Langley Flight Approach- Land Intensive Manufacturing District of the Zoning Ordinance of the City of Hampton, by Amending sections 17.1-3 (1)(d), (e) and (r) and sections 17.1-3(2)(e) and (m),and Adding sections 17.1-3(1)(ff) and 17.1-3(2)(hh) pertaining to changing the term conditional privilege to use permit and Adding certain uses and conditions formerly found in chapters 20 and 20.1 of the Zoning Ordinance.

 

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 17.1 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted to read as follows:

 

Sec. 17.1-3. - Permitted uses; M-4 District.

(1)

The following uses shall be permitted in M-4A:

. . . .

(d)

Pleasure craft sales, and the sale of marine supplies as an accessory use; however, such accessory use shall not exceed 5,000 gross square feet.

(e)

Vehicle storage areas, as a primary or accessory use, subject to securing a use permit. Additionally, the following minimum conditions shall be met:

(1)

All storage areas shall be enclosed by a six (6) foot opaque fence.

(2)

There shall be a landscaped buffer of 15 feet between the fence and any existing or proposed right-of-way.

(3)

There shall be a landscaped buffer of 20 feet between the fence and any adjacent residential district or the property line of any existing dwelling unit.

(4)

There shall be a landscaped buffer of 15 feet between the fence and any adjacent commercial property.

(5)

When any yard area of a vehicle storage area abuts the front yard(s) of one (1) or more residential lots, all required fencing and all storage areas shall be set back a distance equal to the largest front setback of the dwelling(s) on the adjacent parcel(s).

. . . .

 

(r)

Contractors storage yard, subject to the provisions regarding outdoor material storage of section 1-21.

. . . .

(ff)

Excavations, filling, borrow pit operation, extraction, processing, and removal of topsoil, subsoil, sand, clay, gravel, or earth, subject to securing a use permit. Provided that nothing herein shall be construed to require the securing of a use permit for the following: swimming pool construction, construction of foundation, landscaping activities on a single lot or parcel, the stripping of sod for agricultural purposes, an approved subdivision plan, activities in connection with a planned unit development, or activities in connection with an approved site plan. The controlled activity shall be subject to the following and subject to securing a use permit. In addition:

(1)

The minimum lot size for any use in this category shall be two (2) acres.

(2)

The excavations shall be confined to areas distant at least 100 feet from all adjoining property lines and distant at least 200 feet from any dwelling, existing street, or proposed right-of-way and all property lines in a platted subdivision, except that the provisions of this paragraph may be varied when the excavation lies completely within the external boundaries of an approved subdivision and is designed as an integral part thereof; provided that this section shall not apply to borrow pits located wholly within the bed of a navigable stream.

(3)

The areas for approved activities shall be delineated on a plat prepared by a certified land surveyor licensed to practice in the Commonwealth of Virginia.

(4)

No trees or other existing growth shall be removed from the site except in the area to be excavated and in the right-of-way of haul roads, except that an area not to exceed 10,000 square feet may be cleared for operational offices, shops, and storage areas. In all cases, existing vegetation shall not be removed immediately prior to excavation in that particular area.

(5)

Access shall not be from a minor residential street. All vehicular access from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion, and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties. The city council may deny the application if it finds that excessive traffic congestion or street deterioration would result from the operation.

(6)

All equipment used for the production or transportation of materials shall be located, constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noises, vibrations, or dust which are injurious to persons living in the vicinity. Additional equipment not directly involved with the activity shall not be stored or maintained on the premises.

(7)

The slope of the banks of all excavations under this section shall be designed and maintained as follows: For the first 100 linear feet towards the center from the perimeter, the slope shall not be steeper than three (3) feet horizontal to one (1) foot vertical; for the second 100 linear feet, the slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical; and for distances over 200 feet, the slope shall not be steeper than one (1) foot horizontal to one (1) foot vertical, unless soil or other conditions are such that a flatter slope is required to ensure adequate stability and safety.

(8)

The slope of the banks of any fill under this sub - section shall not exceed one and one-half (1) feet horizontal to one (1) foot vertical without the use of an approved retaining wall. A flatter slope than one and one-half (1) to one (1) may be required if the conditions of the fill material or other conditions are such that a flatter slope is necessary to ensure adequate stability and safety. When filling is to be done adjacent to tidal marshes, an earthen dike or berm shall be established around the portion adjacent to the marsh. The top of the slope of the bank of the dike may not be closer than 15 feet to the saltbush line or other evidence of the upper limits of the marsh, and the slope of the bank on the marsh side shall not exceed three (3) feet horizontal to one (1) foot vertical. A vegetative cover shall be established upon the dike.

(9)

A body of freestanding water will be permitted when the grades of slopes, depth of excavation, and run-off structures are approved as not creating a public nuisance or public health hazard. All woody vegetation and debris will be removed from all slopes prior to the pit being filled with water for a distance of 100 linear feet from the ultimate shore line.

(10)

A specific plan of systematic operation and rehabilitation shall be submitted and approved which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity, and welfare, and which shall include a plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable, usable, and generally attractive condition by regrading, draining, planting, or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

(11)

In the case of activities approved pursuant to this sub -section, a reduction in the size of the proposed project may be permitted provided that all other provisions of the section are met and provided that such reduction shall be approved by the director of community development.

(12)

In consideration of applications under this sub-subsection, the council may vary, alter, or modify the specific provisions set forth herein in order to provide for more effective land use and development; giving due regard to the uniqueness and particular characteristics of the parcel of land involved.

. . . .

(2)

The following uses shall be permitted in M-4B:

. . . .

(e)

Vehicle storage areas, as a primary or accessory use, subject to securing a use permit. Additionally, the following minimum conditions shall be met:

(1)

All storage areas shall be enclosed by a six (6) foot opaque fence.

(2)

There shall be a landscaped buffer of 15 feet between the fence and any existing or proposed right-of-way.

(3)

There shall be a landscaped buffer of 20 feet between the fence and any adjacent residential district or the property line of any existing dwelling unit.

(4)

There shall be a landscaped buffer of 15 feet between the fence and any adjacent commercial property.

(5)

When any yard area of a vehicle storage area abuts the front yard(s) of one (1) or more residential lots, all required fencing and all storage areas shall be set back a distance equal to the largest front setback of the dwelling(s) on the adjacent parcel(s).

. . . .

(m)

Contractors storage yard, subject to the provisions regarding outdoor material storage of section 1-21 and to securing a use permit to be reviewed by the planning commission, with their recommendation forwarded to city council prior to any final action by city council.

. . . .

(hh)

Excavations, filling, borrow pit operation, extraction, processing, and removal of topsoil, subsoil, sand, clay, gravel, or earth, subject to securing a use permit. Provided that nothing herein shall be construed to require the securing of a use permit for the following: swimming pool construction, construction of foundation, landscaping activities on a single lot or parcel, the stripping of sod for agricultural purposes, an approved subdivision plan, activities in connection with a planned unit development, or activities in connection with an approved site plan. The controlled activity shall be subject to the following and subject to securing a use permit. In addition:

(1)

The minimum lot size for any use in this category shall be two (2) acres.

(2)

The excavations shall be confined to areas distant at least 100 feet from all adjoining property lines and distant at least 200 feet from any dwelling, existing street, or proposed right-of-way and all property lines in a platted subdivision, except that the provisions of this paragraph may be varied when the excavation lies completely within the external boundaries of an approved subdivision and is designed as an integral part thereof; provided that this section shall not apply to borrow pits located wholly within the bed of a navigable stream.

(3)

The areas for approved activities shall be delineated on a plat prepared by a certified land surveyor licensed to practice in the Commonwealth of Virginia.

(4)

No trees or other existing growth shall be removed from the site except in the area to be excavated and in the right-of-way of haul roads, except that an area not to exceed 10,000 square feet may be cleared for operational offices, shops, and storage areas. In all cases, existing vegetation shall not be removed immediately prior to excavation in that particular area.

(5)

Access shall not be from a minor residential street. All vehicular access from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion, and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties. The city council may deny the application if it finds that excessive traffic congestion or street deterioration would result from the operation.

(6)

All equipment used for the production or transportation of materials shall be located, constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noises, vibrations, or dust which are injurious to persons living in the vicinity. Additional equipment not directly involved with the activity shall not be stored or maintained on the premises.

(7)

The slope of the banks of all excavations under this section shall be designed and maintained as follows: For the first 100 linear feet towards the center from the perimeter, the slope shall not be steeper than three (3) feet horizontal to one (1) foot vertical; for the second 100 linear feet, the slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical; and for distances over 200 feet, the slope shall not be steeper than one (1) foot horizontal to one (1) foot vertical, unless soil or other conditions are such that a flatter slope is required to ensure adequate stability and safety.

(8)

The slope of the banks of any fill under this sub - section shall not exceed one and one-half (1) feet horizontal to one (1) foot vertical without the use of an approved retaining wall. A flatter slope than one and one-half (1) to one (1) may be required if the conditions of the fill material or other conditions are such that a flatter slope is necessary to ensure adequate stability and safety. When filling is to be done adjacent to tidal marshes, an earthen dike or berm shall be established around the portion adjacent to the marsh. The top of the slope of the bank of the dike may not be closer than 15 feet to the saltbush line or other evidence of the upper limits of the marsh, and the slope of the bank on the marsh side shall not exceed three (3) feet horizontal to one (1) foot vertical. A vegetative cover shall be established upon the dike.

(9)

A body of freestanding water will be permitted when the grades of slopes, depth of excavation, and run-off structures are approved as not creating a public nuisance or public health hazard. All woody vegetation and debris will be removed from all slopes prior to the pit being filled with water for a distance of 100 linear feet from the ultimate shore line.

(10)

A specific plan of systematic operation and rehabilitation shall be submitted and approved which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity, and welfare, and which shall include a plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable, usable, and generally attractive condition by regrading, draining, planting, or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

(11)

In the case of activities approved pursuant to this sub -section, a reduction in the size of the proposed project may be permitted provided that all other provisions of the section are met and provided that such reduction shall be approved by the director of community development.

(l2)

In consideration of applications under this sub-subsection, the council may vary, alter, or modify the specific provisions set forth herein in order to provide for more effective land use and development; giving due regard to the uniqueness and particular characteristics of the parcel of land involved.

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on August 14, 2013.

 

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council