Legislation # 13-0322 Enactment Number Z13-33
Type Ordinance - Zoning Text Effective Date none
Introduction Date 8/14/2013
Title Ordinance to Amend and Re-enact Chapter 9 entitled “R-M District - Multiple Residence District” of the Zoning Ordinance of the City of Hampton, by Amending sections 9-1 (9), (11), (14), (20) - (22), (24) - (26), and (28) - (30) 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 13-0322
DateNotice Of ActionDescription
8/27/2013 Enactment Number Z13-33
8/14/2013 Adopted
8/5/2013 Received By Clerk's Office
 
View Attachments 13-0322
FileTypeSizeDescription
ZOA 075-100_PC resolution.pdf PC Resolution 235K PC Resolution
Chapter-9 use permitRedline.doc Other 768K Redline
 
Legislation Text 13-0322

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0322

 

Enactment Number: Z13-33

 

Ordinance to Amend and Re-enact Chapter 9 entitled R-M District - Multiple Residence District of the Zoning Ordinance of the City of Hampton, by Amending sections 9-1 (9), (11), (14), (20) - (22), (24) - (26), and (28) - (30) 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 9 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted to read as follows:

 

Sec. 9-1. - Uses permitted; R-M District.

The following uses are permitted in all R-M Districts:

. . . .

(9)

Manufactured home parks and subdivisions, subject to securing a use permit.

. . . .

(11)

Private clubs and lodges, subject to securing a use permit.

. . . .

(14)

Tourist homes/bed and breakfasts, subject to securing a use permit, provided that a use permit for a tourist home/bed and breakfast shall automatically expire and become null and void if the property is not used for the permitted purpose for a continuous six-month period.

. . . .

(20)

Commercial communication tower subject to securing a use permit. Additionally, such use permit shall include the following submittals with application and at a minimum, satisfy the following criteria:

(a)

Use permit applications for commercial communication towers shall include the following:

(i)

A site plan drawn to scale specifying the location of tower(s), guy anchors (if any), transmission building(s) and other accessory uses, parking, access, landscaped areas (specifying size, spacing, and plant material proposed) fences, and identify adjacent property owners.

(ii)

A report from a registered structural or civil engineer indicating tower height and design, structure, installation and total anticipated capacity of the structure (including number and types of antennas which could be accommodated). This data shall demonstrate that the proposed commercial communication tower conforms to all structural requirements of the Uniform Statewide Building Code and shall set out whether the commercial communication tower will meet the structural requirements of EIA-222 E "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" published by the Electronic Industries Association, effective June 1, 1987 or current update.

(iii)

A statement from a registered engineer that the NIER (nonionizing electromagnetic radiation) emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the U.S. government or the American National Standards Institute.

(iv)

Evidence of the lack of space on suitable existing commercial communication towers, buildings, or other structures to locate the proposed antenna and the lack of space on existing commercial communication tower sites to construct a tower for the proposed antenna within the service area shall be considered in the review of use permit applications for a new commercial communication tower.

(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 interference.

(b)

The following locational criteria shall be considered in determining the appropriateness of sites for commercial communication towers:

(i)

Whether the application represents a request for multiple use of a commercial communication tower or site, or use on a site contiguous to an existing commercial communication tower site.

(ii)

Whether the application contains a report that other potential users of the site and the commercial communication tower have been contacted, and they have no current plans, to the best of their ability to determine, that could be fulfilled by joint use.

(iii)

Whether the application shows how the commercial communication tower or site will be designed or laid out to accommodate future multiple users. Specific design features evaluated shall include but not be limited to height, wind loading, and coaxial cable capacity.

(iv)

Whether the proposed commercial communication tower is to be located in an area where it would be unobtrusive and would not substantially detract from aesthetic or neighborhood character, due either to location, to the nature of surrounding uses, (such as industrial uses) or to lack of visibility caused by natural growth or other factors.

(c)

Accessory facilities may not include offices, vehicle storage, or outdoor storage unless permitted by underlying zoning.

(d)

Advertising and/or signage on tower structures is prohibited.

(e)

The minimum setback requirements from the base of the commercial communication tower to any property line abutting a right-of-way of any planned or existing street, and all residential uses shall be at least 50 feet unless a greater setback is specified due to site specific characteristics. For property lines abutting nonresidential uses, the minimum setback requirements shall be at least 25 feet unless a greater setback is specified due to site specific characteristics. The minimum setback for guy towers shall be equal to 40% of tower height.

(f)

Minimum site size shall be no less than 2,000 square feet.

(g)

Commercial communication towers 200 feet in height or less shall have a galvanized finish or be painted silver. Regulations of the Federal Aviation Commission or Federal Communications Commission supersede this requirement if contradictory.

(h)

Commercial communication towers shall be illuminated as required by the Federal Aviation Administration. However, if not required by the Federal Aviation Commission, no lighting shall be incorporated.

(i)

Landscaping shall be required as set forth in the City of Hampton Landscape Guidelines on file with the department of community development, development services center.

(j)

Additional conditions may be included contingent upon site specific characteristics for commercial communication towers other than those exempt under subsection (k) herein below.

 

(k)

Commercial communication towers up to 150 feet in height sited on properties included in the inventory of appropriate sites for communication towers recommended in the master plan which is adopted by reference as a component of the 2010 comprehensive plan ,as amended, are exempt from the use permit requirement provided all the above listed provisions, except for subsection (j), are satisfied and proposals to site said improvements are first reviewed by the planning commission, with its recommendation forwarded to the appropriate board or commission for further consideration. Failure on the part of the planning commission to act on such proposals within 90 days of submission of a complete application shall be deemed to be an approval, unless the applicant agrees to an extension of time.

 

(21)

Noncommercial communication tower, up to 75 feet in height. Such tower height may be increased up to a total of 125 feet subject to securing a use permit.

(22)

Commercial building-mounted antenna; provided the following:

(a)

The building is not a single-family dwelling;

(b)

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

(c)

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

(d)

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

(e)

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 interference.

 

. . . .

(24)

Adult Care Residence 3, Group Home 2, and Juvenile Residence 3, subject to securing a use permit. Additionally, use permits for adult care residence 3, group home 2 or juvenile residence 3 shall include the following minimum conditions:

(a)

No facility shall be located within a three-quarter () mile radius of any existing facility of the same type;

(b)

All new construction shall meet the following design standards:

(a)

Architectural standards:

(aa)

Only gable and hip-style roofs shall be permitted.

 

 

 

20-5.1a.jpg

(bb)

Roof pitch shall be a minimum of 1:3, horizontal to vertical, with a maximum of 1:1.

20-5.1b.jpg

(cc)

Roofs shall be designed with at least one (1) change or break in plane within every 60-foot segment. Vertical roof changes, porch roofs and dormers are examples of acceptable plane changes.

20-5.1c.jpg

(dd)

Roof materials shall be those typical in residential construction. Existing buildings undergoing expansion shall use materials similar in color, size and texture to the existing roof materials. Standing seam metal roofs shall not be permitted unless required due to the expansion of an existing roof.

(ee)

Building materials to be used for exterior finishes shall be those typical in residential construction. Concrete masonry units, precast concrete panels, vertical ribbed metal exteriors or highly reflective materials shall not be permitted unless required due to the expansion of an existing building. Existing buildings undergoing expansion shall use materials similar in color, size and texture to the existing building materials.

(ff)

Windows shall cover between 10% and 50% of any exterior wall fronting on an existing or proposed public right-of-way. Existing buildings undergoing expansion shall preserve the existing portion of exterior wall and glazing on any new walls that front on an existing or proposed public right-of-way.

(b)

Green area:

(a)

At least 10% of the total lot area shall be maintained as green area.

(b)

A landscape plan that complies with the provisions of the City of Hampton Landscape Guidelines shall be reviewed and approved by the director of community development or his designee prior to the issuance of a zoning permit.

 

(c)

The use permit shall automatically expire and become null and void if the property is not used for the permitted purpose for a continuous six (6)-month period.

(d)

Additional conditions may be included based upon site specific characteristics.

 

 

(25)

Day Care 3, subject to securing a use permit, provided that the evaluation of a request for use permit for a day care 3 shall include the traffic impact of the proposed use on the surrounding road network. Further provided that the use permit for a day care 3 in a shall automatically expire and become null and void if the property is not used for the permitted purpose for a continuous six-month period.

(26)

Reserved

 

. . . .

(28)

Reserved.

(29)

Orphanage, and Shelter, subject to securing a use permit. Additionally, use permits for any orphanage or shelter shall include the following minimum standards:

(a)

No facility shall be located within a two-mile radius of any existing facility of the same type;

(b)

All new construction shall meet the following design standards:

(1)

Architectural standards:

(aa)

Only gable and hip-style roofs shall be permitted.

20-5.1aa.jpg

(bb)

Roof pitch shall be a minimum of 1:3, horizontal to vertical, with a maximum of 1:1.

20-5.1bb.jpg

(cc)

Roofs shall be designed with at least one (1) change or break in plane within every 60-foot segment. Vertical roof changes, porch roofs and dormers are examples of acceptable plane changes.

20-5.1cc.jpg

(dd)

Roof materials shall be those typical in residential construction. Existing buildings undergoing expansion shall use materials similar in color, size and texture to the existing roof materials. Standing seam metal roofs shall not be permitted unless required due to the expansion of an existing roof.

(ee)

Building materials to be used for exterior finishes shall be those typical in residential construction. Concrete masonry units, precast concrete panels, vertical ribbed metal exteriors or highly reflective materials shall not be permitted unless required due to the expansion of an existing building. Existing buildings undergoing expansion shall use materials similar in color, size and texture to the existing building materials.

(ff)

Windows shall cover between 10% and 50 % of any exterior wall fronting on an existing or proposed public right-of-way. Existing buildings undergoing expansion shall preserve the existing portion of exterior wall and glazing on any new walls that front on an existing or proposed public right-of-way.

(2)

Green area:

(a)

At least 10% of the total lot area shall be maintained as green area.

(b)

A landscape plan that complies with the provisions of the City of Hampton Landscape Guidelines shall be reviewed and approved by the director of community development or his designee prior to the issuance of a zoning permit.

 

(c) The use permit shall automatically expire and become null and void if the property is not used for the permitted purpose for a continuous six-month period.

(d)

Additional conditions may be included based upon site-specific characteristics.

 

(30)

Reserved.

 

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