Legislation # 13-0336 Enactment Number Z13-47
Type Ordinance - Zoning Text Effective Date none
Introduction Date 8/14/2013
Title Ordinance to Amend and Re-enact Chapter 17.3, article XIII, Special Public Interest District entitled “SPI-HRCNC- Hampton Roads Center North Campus” of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-94 (1)(k), and (s), section 17.3-94 (2) (a) and Adding sections 17.3-94 (1)(cc) – (ii) 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 13-0336
DateNotice Of ActionDescription
8/27/2013 Enactment Number Z13-47
8/14/2013 Adopted
8/5/2013 Received By Clerk's Office
 
View Attachments 13-0336
FileTypeSizeDescription
ZOA 075-100_PC resolution.pdf PC Resolution 235K PC Resolution
Chapter-17 3Art XIIISPI-HRCNCuse permitRedline.doc Other 55K Redline
 
Legislation Text 13-0336

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0336

 

Enactment Number: Z13-47

 

Ordinance to Amend and Re-enact Chapter 17.3, article XIII, Special Public Interest District entitled SPI-HRCNC- Hampton Roads Center North Campus of the Zoning Ordinance of the City of Hampton, by Amending section 17.3-94 (1)(k), and (s), section 17.3-94 (2) (a) and Adding sections 17.3-94 (1)(cc) (ii) 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 17.3, article XIII of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted to read as follows:

 


Sec. 17.3-94. - Permitted uses.

(1)

The uses listed below are permitted within the SPI-HRCNC District:

. . . .

(k)

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.

 

. . . .

(s)

Day Care 3 with an approved 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.

. . . .

(cc)

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.

(dd)

Boathouses, for public or private commercial use, whether for profit or not, subject to securing a use permit.

(ee)

Fishing or boating piers, docks, or ramps catering to the general public or for a club or association, whether an admission fee be charged or not, subject to securing a use permit.

 

(ff)

Marinas, for marine fuel service stations, subject to securing a use permit.

 

(gg)

Marinas, for pleasure craft sales, rentals, service, or storage, if located on waterways, subject to securing a use permit.

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(hh)

The sale of nursery, greenhouse, or agricultural products, and accessory supplies incidental thereto subject to securing a use permit, provided that:

(1)

The minimum lot size for such a use shall be two (2) acres;

(2)

The owner and operator of the premises occupy a residence on site;

(3)

The rental, repair, or sale of motorized equipment or tools other than hand tools shall be prohibited;

(4)

The operations of such a use, including storage, but excluding outside plant production storage and sale shall be conducted within a completely enclosed structure;

(5)

The sale or storage of liquid or dry chemicals unless same is pre-packaged by the manufacturer shall be prohibited;

(6)

There may be only one (1) unlighted exterior sign in accordance with local zoning ordinances; and

(7)

Off-street parking on site is provided in conformance with chapter 19 of the zoning ordinance.

 

(ii)

Trap shooting range (minimum area of four (4) acres) and with a minimum width of 200 feet or skeet shooting range (minimum area of nine (9) acres) with a minimum width of 450 feet, subject to securing a use permit. Such use permit may be rescinded subject to such time limitations as may be prescribed at the time of the granting of the use permit.

 

(2)

The following are permitted as accessory uses in the SPI-HRCNC District:

(a)

Commercial building-mounted antenna, provided the following:

(i)

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

(ii)

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

(iii)

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

(iv)

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.

 

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