City of Hampton, Virginia
Ordinance - Zoning Text
22 Lincoln Street
Hampton, VA 23669
Enactment Number: Z13-44
Ordinance to Amend and Re-Enact
Chapter 17.2 entitled M-5 District Langley Flight Approach- Mixed Use
District of the Zoning Ordinance of the City of Hampton, by Amending section
17.2-3 (3) (d) and Adding sections 17.2-3 (4) (q) and (r) 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;
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 to read
Sec. 17.2-3. - Permitted uses; M-5 District.
. . . .
The following uses shall
be permitted in M-5C:
. . . .
communication tower, up to 75 feet in height. Such tower height may be
increased in excess of 75 feet in height with an approved use permit. Such use
permit shall first be reviewed by the planning commission, with their
recommendation forwarded to city council prior to any final action by city
The following uses shall be
permitted in M-5D:
. . . .
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:
The minimum lot size for any use in
this category shall be two (2) acres.
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.
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.
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.
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.
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.
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.
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.
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
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.
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
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.
The sale of nursery, greenhouse, or agricultural products,
and accessory supplies incidental thereto subject to securing a use permit,
The minimum lot size for such a use
shall be two (2) acres;
The owner and operator of the
premises occupy a residence on site;
The rental, repair, or sale of
motorized equipment or tools other than hand tools shall be prohibited;
The operations of such a use,
including storage, but excluding outside plant production storage and sale
shall be conducted within a completely enclosed structure;
The sale or storage of liquid or dry
chemicals unless same is pre-packaged by the manufacturer shall be prohibited;
There may be only one (1) unlighted
exterior sign in accordance with local zoning ordinances; and
Off-street parking on site is
provided in conformance with chapter 19
of the zoning ordinance.
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