Legislation # 13-0338 Enactment Number Z13-49
Type Ordinance - Zoning Text Effective Date none
Introduction Date 8/14/2013
Title Ordinance to Amend and Re-enact Chapter 17.3, article XI –Special Public Interest District entitled “SPI-OH– Old Hampton District” of the Zoning Ordinance of the City of Hampton, by Amending sections 17.3-70 (1) (e), (g), (h), and (l) and section 17.3-70 (2) pertaining to changing the term “conditional privilege” to “use permit”.
 
Legislation History 13-0338
DateNotice Of ActionDescription
8/27/2013 Enactment Number Z13-49
8/14/2013 Adopted
8/5/2013 Received By Clerk's Office
 
View Attachments 13-0338
FileTypeSizeDescription
Chapter-17 3ArtXISPI-OH use permitRedline.doc Other 42K Redline
ZOA 075-100_PC resolution.pdf PC Resolution 235K PC Resolution
 
Legislation Text 13-0338

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0338

 

Enactment Number: Z13-49

 

Ordinance to Amend and Re-enact Chapter 17.3, article XI Special Public Interest District entitled SPI-OH Old Hampton District of the Zoning Ordinance of the City of Hampton, by Amending sections 17.3-70 (1) (e), (g), (h), and (l) and section 17.3-70 (2) pertaining to changing the term conditional privilege to use permit.

 

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

 

Sec. 17.3-70. - Permitted uses.

The following uses are permitted in the Old Hampton District:

(1)

In the Business Area and the Waterfront Area:

 

. . . .

(e)

Manufacture of arts and crafts, subject to securing a use permit.

(g)

Noncommercial communication towers up to 75 feet in height. Noncommercial communication towers in excess of 75 feet in height, and commercial communication towers subject to securing a use permit.

(h)

Commercial building-mounted antenna, subject to securing a use permit, provided the following:

(i)

The building is not a single-family dwelling;

(ii)

The minimum height of the building shall be no less than 35 feet;

(iii)

The height of the antenna (including support structures) shall not exceed 22 feet above the highest point of the building; and

(iv)

The antenna and support structures are painted so that they are compatible with the primary building structure, unless roof mounted.

(v)

Intermodulation testing is coordinated through the Hampton police division demonstrating that the proposed antenna operation is designed in a manner to eliminate interference with public safety communications. Such testing shall also be required from each subsequent operator prior to any building permits to add or modify antennae. Should any equipment associated with the antennae be found to interfere with public safety communications, the owner shall be responsible for the elimination of such

(l)

Restaurants, lunchrooms, or cafes, excluding drive-ins, having dancing subject to the provisions of chapter 4, article II of the city code, and/or having live entertainment provided as follows:

(1)

For Live Entertainment 1 venues which are defined as venues where capacity is limited to no more than 50 people and subject to a live entertainment permit granted by the zoning administrator with the following attached conditions:

a.

Live entertainment shall be conducted inside the building only;

b.

Performance space shall be no greater than 10% of the gross floor area. The applicant shall submit a floor plan indicating the location of the proposed performance space;

c.

The hours of operation for live entertainment shall be specified on the live entertainment permit application and shall not extend past 10:00 p.m. Sunday through Thursday and 11:59 p.m. Friday and Saturday;

d.

Any sound or noise from amplified music shall not exceed a noise level measurement of 60 dBA upon the real property of another as determined by a sound level meter using the "A" weighting scale in accordance with the American National Standard Institute;

e.

Each ingress/egress point in the building shall be monitored by an attendant during the hours of operation, and additional attendants may be required to monitor vehicle parking areas that serve the building and maintain and control patron behavior upon exit of the building into the parking areas;

f.

The live entertainment permit shall be valid for 18 months from the date of approval by the zoning administrator. After 12 months of operation, prior to the expiration date, the live entertainment permit will be scheduled for review by the zoning administrator to consider if the continuation of the live entertainment permit would not be detrimental to the public health, safety and welfare and that to continue the activities under the live entertainment permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the zoning district. The review will be based, in part, upon a physical site review, traffic flow and control, access to and circulation within the property, off-street parking and loading, hours and manner of operation, noise, light, neighborhood complaints, police service calls, and any violations of any federal, state or local law. If, after review, the zoning administrator determines that the live entertainment permit would not be detrimental to the public health, safety and welfare and that to continue the activities under the live entertainment permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the zoning district, the zoning administrator may administratively extend the live entertainment permit in five (5) year increments. Each such extension shall be subject to the same administrative review. If the zoning administrator determines that that the live entertainment permit would be detrimental to the public health, safety and welfare and that to continue the activities under the live entertainment permit would cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land the zoning district, the zoning administrator will notify the permittee of a denial of the extension in writing in the same manner as required under chapter 25 of the zoning ordinance. A permittee aggrieved by the decision of the zoning administrator may appeal the decision of the zoning administrator to the board of zoning appeals in the manner set forth in chapter 22 of the zoning ordinance. Nothing contained herein shall limit the rights of a permittee to seek a new live entertainment permit; and

g.

The zoning administrator, or appointed designee, shall have the ability to revoke the live entertainment permit upon violations of any of the above conditions.

(2)

For Live Entertainment 2 venues which are defined as venues with a capacity greater than 50 people and subject to obtaining a use permit by city council. The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns and city council may impose more restrictive conditions when the proposal is adjacent to residential land uses. Conditions shall include, but are not limited to, the following:

a.

Submission of a site plan indicating the location and total area of the live entertainment performance space;

b.

Hours of operation;

c.

Any sound or noise from amplified music;

d.

Staffing for ingress/egress points in the building and vehicle parking areas;

e.

Term limitation on the use permit, administrative review and extension or denial of use permit.

 

. . . .

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