Legislation # 14-0029 Enactment Number Z14-18
Type Ordinance - Zoning Text Effective Date none
Introduction Date 1/8/2014
Title Ordinance to amend and re-enact Chapter 11 of the Zoning Ordinance of the City of Hampton, Virginia entitled “C-1 District—Neighborhood Commercial District” by amending section 11-1 - Uses permitted; section 11-2 - Limitations on permitted uses; section 11-4 - Building setback regulations; and section 11-5 - Lot area per family.
 
Legislation History 14-0029
DateNotice Of ActionDescription
5/17/2014 Enactment Number Z14-18
1/8/2014 Approved items 14-0013 through 14-0037.
12/23/2013 Received By Clerk's Office
 
View Attachments 14-0029
FileTypeSizeDescription
ZOA 125-2013.pdf PC Resolution 221K Resolution
Ch 11 Red Line.docx Other 181K Red line
 
Legislation Text 14-0029

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 14-0029

 

Enactment Number: Z14-18

 

Ordinance to amend and re-enact Chapter 11 of the Zoning Ordinance of the City of Hampton, Virginia entitled C-1 DistrictNeighborhood Commercial District by amending section 11-1 - Uses permitted; section 11-2 - Limitations on permitted uses; section 11-4 - Building setback regulations; and section 11-5 - Lot area per family.

 

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

 

CHAPTER 11 - C-1 DISTRICTNEIGHBORHOOD COMMERCIAL DISTRICT

 

Sec. 11-1. - Uses permitted; C-1 District.

 

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

 

Sec. 11-2. - Development standards; C-1 Districts.

 

(1) Such permitted stores, shops, offices, or businesses in a C-1 District, except gasoline supply stations and parking lots, shall be conducted wholly within an enclosed building and no more than fifty (50) percent of the floor area of any building shall be used for the storage of merchandise.

(2) For all uses other than townhouses and multiple dwellings.

(a) Green area shall be provided as specified in section 1-26 herein.

(3) For townhouses and multiple dwellings.

(a) Homeowners association.

(i) In the case where the development involves fee-simple ownership of either land or dwelling units or both, and the development also includes land or facilities that are in common ownership, a homeowners' association shall be required. Such association, its executive organ or designated managing agent shall be responsible for any and all commonly-owned property. The city shall be kept notified of the party responsible for commonly-owned property.

(b) Building size.

(i) Buildings and structures shall be permitted up to a height of thirty-six (36) feet; the limit for any building may be increased to forty-one (41) feet when side yards of at least thirty (30) feet each are provided.

(ii) Townhouse structures shall not exceed a maximum of one hundred eighty (180) feet in length.

(c) Lot area.

(i) Townhouses and multiple dwelling developments shall be permitted on lots with a minimum of twenty thousand (20,000) square feet.

(d) Dwelling area.

(i) The minimum dwelling area of all units shall equal that of the least restrictive, adjacent single-family district; if there is no adjacent single-family district, the minimum dwelling area shall be nine hundred (900) square feet.

(e) Density.

(i) Townhouses and multiple dwellings shall be permitted a maximum density of ten (10) units per buildable acre.

(f) Lot coverage and green area.

(i) Buildings and structures, exclusive of physical recreational amenities, shall be permitted a total lot coverage of twenty (20) percent.

(ii) A minimum of forty (40) percent of the total lot area shall be maintained as green area. This green area shall be exclusive of the eight (8) foot front and twenty (20) foot rear yards within fee-simple lots.

(1) A maximum of twenty-five (25) percent of this requirement may be water area.

(2) A maximum of fifty (50) percent of this requirement may be within the footprint of physical recreational amenities.

(iii) In order to encourage the provision of active recreation areas within townhouse and multiple dwelling developments, density bonuses shall be granted to those developments meeting all the criteria for active recreation areas:

(1) Fifty (50) percent of the required green is active recreation area.

(2) The minimum dimension of any active recreation area is fifty (50) feet.

(3) Each dwelling unit is within five hundred (500) feet of an active recreation area.

(4) If the total area of the site is greater than two (2) acres, ten thousand (10,000) contiguous square feet of active recreation area shall be provided for each two (2) acres of lot area.

(iv) A bonus of one (1) dwelling unit per acre will be granted under the provisions of subsection 10-9(3) for each of the following facilities:

(1) Swimming pool;

(2) Clubhouse;

(3) Lighted tennis court;

(4) Lighted basketball court;

(5) Nine-hole golf course;

(6) Dock, pier, or boat ramp;

(7) Shuffleboard area; or

(8) On-site day care.

In no case, however, will the total bonus granted under these provisions exceed ten (10) units for the entire development.

 

Sec. 11-3. - Height regulations; C-1 District.

 

No building in a C-1 District shall exceed two and one-half (2) stories or thirty-five (35) feet in height, provided that the height limit for any building may be increased to not more than forty-five (45) feet, but not to exceed three (3) stories when side yards of not less than fifty (50) feet each are provided.

 

Sec. 11-4. - Building setback regulations; C-1 District.

 

(1) For all uses other than townhouses and multiple dwellings.

(a) Front yard

No front yard shall be required in a C-1 District.

(b) Side yard.

No side yard shall be required in a C-1 District except as follows:

(i) Where a lot in a C-1 District adjoins a lot in any residential district, at that line, a side yard of ten (10) percent of the lot's width shall be provided, but in no case less than ten (10) feet.

(ii) The side yard along the side street of a corner lot in a C-1 District shall be not less than fifteen (15) feet in width.

(iii) Where dwelling accommodations are hereafter provided in conjunction with any commercial use in a C-1 District, and in which all rooms do not open onto a front or rear yard, there shall be provided side yards of not less than ten (10) feet in width.

(c) Rear yard.

There shall be a rear yard in a C-1 District having a depth of not less than ten (10) percent of the depth of the lot, but such rear yard need not exceed thirty (30) feet, and shall have a minimum depth of twenty (20) feet.

(2) For townhouses and multiple dwellings.

(a) Setbacks from project property lines.

(i) Front yard.

All structures shall be set back at least twenty (20) feet from the front project property line; however, if the property is adjacent to any single-family or duplex residential district, all structures located within fifty (50) feet of said residential district shall be set back at least thirty (30) feet from the front project property line. Parking within this required front yard shall be prohibited.

(ii) Side yard.

All structures shall be set back from the side project property lines, with one (1) side yard equal to ten (10) percent, and the other equal to fifteen (15) percent, of the lot width as measured at the front setback line. Except for the provisions of subsection 10-4(1), the total of the two (2) side yards shall not be required to exceed forty (40) feet. Parking within this side yard shall be prohibited.

(iii) Rear yard.

All structures shall be set back at least twenty (20) feet from the rear project property line. Parking within this required rear yard shall be prohibited.

(b) Setbacks from fee-simple lot lines.

(i) Front yard.

All dwelling units shall be set back at least eight (8) feet from the front fee-simple lot line; however, if the front fee-simple lot line is the same as any project property line, the setbacks in subsection 10-8(1)(a) shall apply, in addition to the eight (8) feet required herein.

(ii) Side yard.

No side yard shall be required unless the side fee-simple lot line is the same as any project property line; in which case the setbacks in subsection 10-8(1)(a) shall apply.

(iii) Rear yard.

All dwelling units shall be set back at least twenty (20) feet from the rear fee-simple lot line; however, if the rear fee-simple lot line is the same as any project property line, the setbacks in subsection 10-8(1)(a) shall apply, in addition to the twenty (20) feet required herein.

(c) Distance between improvements.

(i) For any townhouse or multiple dwelling project with all buildings less than or equal to thirty-six (36) feet in height, there shall be provided a sixteen (16) foot radius between all structures or improvements, exclusive of surface parking and walkways.

(ii) Projects with one (1) or more buildings in excess of thirty-six (36) feet in height shall provide a twenty-five (25) foot radius between all structures or improvements, exclusive of surface parking and walkways.

 

Sec. 11-5. - Reserved.

 

Sec. 11-6. - Accessory structures; C-1 District.

 

In any C-1 District:

 

(1) Accessory structures shall not cover more than twenty (20) percent of the rear yard.

(2) No accessory structure shall be located closer than five (5) feet to the rear property line.

(3) No accessory structure shall be located closer than three (3) feet to the side property line.

(Amended 7-9-97)

 

Sec. 11-7. - Off-street parking and loading; C-1 District.

 

(1) Uses permitted in any C-1 District shall provide garage or vehicle parking space as required in chapter 19 hereof.

(2) Commercial uses shall provide off-street loading space as required in chapter 19 hereof.

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