Legislation # 13-0340 Enactment Number Z13-51
Type Ordinance - Zoning Text Effective Date none
Introduction Date 8/14/2013
Title Ordinance to Amend and Reenact Chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia, by Amending Article I Entitled “In General,” Pertaining to the Procedure for Applying for and Reviewing Use Permits and Repealing Articles II and III Entitled “Uses in All or Specified Districts” and “Use Permits for Manufactured Mobile Home Parks or Subdivisions,” Respectively, in Their Entirety.
 
Legislation History 13-0340
DateNotice Of ActionDescription
8/27/2013 Enactment Number Z13-51
8/14/2013 Adopted
8/5/2013 Received By Clerk's Office
 
View Attachments 13-0340
FileTypeSizeDescription
Chap 20 Use Permit REDLINE ORD.doc Other 874K Redline
ZOA 101-2013 - CP UP Merger.ppt Power Point Presentation 512K Powerpoint
ZOA 101_PC resolution.pdf PC Resolution 221K PC Resolution
 
Legislation Text 13-0340

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 13-0340

 

Enactment Number: Z13-51

 

Ordinance to Amend and Reenact Chapter 20 of the Zoning Ordinance of the City of Hampton, Virginia, by Amending Article I Entitled In General, Pertaining to the Procedure for Applying for and Reviewing Use Permits and Repealing Articles II and III Entitled Uses in All or Specified Districts and Use Permits for Manufactured Mobile Home Parks or Subdivisions, Respectively, in Their Entirety.

 

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

 

ARTICLE I. - IN GENERAL

Sec. 20-1. - Purpose and intent.

As permitted by section 15.2-2286 of the Code of Virginia, 1950, as amended, the purpose of the use permit process is to develop and enforce regulations for a specific use on a specific parcel of land, such that the use is not detrimental to surrounding properties, even though that use is not permitted by right in the zoning district in which the parcel is located. These uses may be allowed under the suitable regulations, safeguards, controls, and limitations (collectively conditions) of a use permit. It is the duty of the city council under the provisions of this chapter to evaluate the impact and the compatibility of each such use, and to stipulate such conditions, in addition to those specifically contained in the applicable zoning district, if any, as will assure the use is compatible with the neighborhood in which it is located. Nothing in this ordinance shall guarantee, through implicit or explicit language, the granting of any use permit. Use permits shall be limited to those specified in the individual zoning districts.

 

Sec. 20-2. Pre-application conference.

Prior to the formal submission of an application, the community development department, if requested, will meet with the applicant and will review the criteria and standards governing the use permit process. In no way shall a pre-application conference be construed to equate to the approval of any subsequent application.

 

Sec. 20-3. Application requirements.

(1) Application for a use permit shall be made by the property owner, or by persons other than the property owner with the written consent of the property owner, in writing to the director of the department of community development or his designee. A complete application shall include the following:

(a) A fully completed "Use Permit Application," as provided in subsection (3) below; and

 

(b) A non-refundable application fee of $650.00.

 

(2) All application materials shall be submitted in writing and will become part of the record of the hearing on the use permit application.

 

(3) A complete Use Permit Application shall include, unless waived by the director of the department of community development or his designee, the following information:

(a) A legal description of the property for which the use permit is requested, including the actual dimensions and shape of the property, as well as the current zoning classification;

 

(b) The names and addresses of the owners of the subject property and their agents, if any, and the written consent of the property owner if the applicant is not the property owner;

 

(c) The most recent surveyed plat of the property involved in the use permit;

 

(d) A site plan of the subject property prepared by a duly licensed professional engineer, land surveyor, architect, or landscape architect authorized to do business in the state of Virginia showing property boundaries, existing and proposed buildings and uses, yards, open spaces, pedestrian walkways, landscaping, screening and buffering, fences, signs, access to the site, and on-site parking and vehicular circulation, easements, water bodies, flood plains, wetlands and other natural features, existing and proposed streets, and utilities and drainage facilities within one-quarter-mile of the subject property. The site plan shall also include the name of the property owner, as well as the name of the person who prepared the plan, together with the north point, scale (one (1) inch equals thirty (30) feet) and number of sheets of the plan. Required plans shall be submitted in such numbers as determined by written policy of the department of community development;

 

(e) Elevation drawings and general floor plans of all buildings;

 

(f) Information regarding the impact and/or demand the proposed use will place on the city's public services and facilities, including but not limited to traffic, public safety services, water, sewer and utility services, education, and other community facilities and services;

 

(g) Proof that all city and state ad valorem taxes due upon the property have been paid in full; and

 

(h) A statement specifically addressing all of the standards for review set out in the Use Permit Application.

 

Sec. 20-4. Procedure for application review.

Upon submission and acceptance of a complete application for a use permit, the following review procedures shall apply:

(1) Action by the director of the community development department.

(a) The director of the community development department or his designee shall transmit the use permit application to appropriate city departments and other agencies affected by the proposal, retrieve comments, and develop any conditions suitable to mitigate the impact of the proposed use, as set forth in section 20-5 of this chapter.

 

(b) The director of the community development department or his designee shall have 45 days to respond to the applicant by forwarding any department or agency comments and identifying any deficiencies in the application.

 

(c) The director of the department of community development or his designee shall not schedule the application for a public hearing before the planning commission until either he receives information addressing the deficiencies in the application and any required additional information or a written statement by the applicant stating that the stated deficiencies will not be addressed and/or no further information will be submitted.

 

(d) Subject to meeting all advertising and notification deadlines and upon receipt of information addressing deficiencies or a written statement by the applicant stating that the deficiencies will not be addressed and/or no further information will be submitted as described in subsection (c) above, the director or his designee shall forward the application to the planning commission. The forwarded application shall include any comments from city departments or other agencies, the manner in which the proposed use permit application complies or does not comply with the applicable provisions of this chapter, and any recommendations the community development department may have regarding approval, disapproval or conditions to be attached to the proposed use.

 

(2) Action by the planning commission.

(a) Upon receiving the use permit application with all related material, the planning commission shall give notice of and hold a public hearing in accordance with section 15.2-2204 of the Virginia Code, as amended. A party's actual notice of, or active participation in, the public hearing shall waive the right of that party to challenge the validity of the proceeding due to the failure of the party to receive the written notice required herein.

 

(b) After the public hearing, the planning commission may:

(i) Recommend approval of the use permit with the conditions stated in the applicable zoning district, if any, and any additional conditions developed by the community development department;

(ii) Recommend disapproval; or

(iii) Recommend approval with the conditions stated in the applicable zoning district, if any, and different conditions than those developed by the community development department as deemed appropriate to protect the public interest in accordance with section 20-5 of this chapter and the standards set forth in section 20-6 of this chapter.

 

(c) Unless the use permit application is deferred or withdrawn pursuant to sections 20-7 or 20-8 of this chapter, within 45 days after the public hearing the planning commission shall forward its recommendation to the city council.

 

(3) Action by the city council.

(a) Upon receiving the recommendation of the planning commission, the city council shall hold a public hearing on the application in accordance with section 15.2-2204 of the Virginia Code, as amended. A party's actual notice of, or active participation in, the public hearing shall waive the right of that party to challenge the validity of the proceeding due to the failure of the party to receive the written notice required herein.

 

(b) After the public hearing, the city council may:

(i) Approve the use permit with the conditions recommended by the planning commission;

(ii) Disapprove the use permit;

(iii) Approve the use permit with conditions stated in the applicable zoning district, if any, and any additional conditions as deemed appropriate to protect the public interest in accordance with section 20-5 of this chapter and the standards set forth in section 20-6 of this chapter; or

(iv) Refer the application back to the planning commission for further consideration or advice.

 

(c) Unless the application is sponsored by the City of Hampton, the city council shall not approve a use permit until any delinquent real estate taxes owed to the City of Hampton on the subject property have been paid.

 

Sec. 20-5. Conditions.

(1) Conditions stipulated by the city council may include, but are not limited to:

(a) Those conditions specifically contained in the applicable zoning district, if any.

 

(b) Those related to fencing; planting or other landscaping; additional setbacks from property lines; location and arrangement of lighting; setting of reasonable hours of operation upon the use of the property; and the operation, establishment, location, and construction of the use.

 

(c) Other matters relating to the purposes and objectives of the zoning ordinance as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements in the vicinity of the subject property or upon public facilities and services, or are necessary to protect the public interest and to secure compliance with the standards and requirements specified in this chapter.

 

(2) The city council may impose a condition for a time limitation when granting a use permit if, in the estimation of the director of the department of community development, the planning commission, or the city council, the proposed use is of such nature that a mandatory review is necessary to affirm that the use permit is in compliance with all conditions imposed and provisions of this chapter.

 

Sec. 20-6. Standards for use permit application review.

Without limiting the discretion of either the planning commission or city council, the planning commission and city council may consider whether the proposed use and operation thereof, together with the conditions attached, meets the following standards:

(1) That the proposed use will not be detrimental to or endanger the public health, safety, or general welfare, including but not limited to consideration that:

(a) Adequate public facilities, improvements and services have been or will be provided; and

 

(b) Adequate measures have been or will be taken to provide ingress and egress designed to minimize vehicle traffic congestion on public streets and provide for safe pedestrian traffic.

 

(2) That the proposed use will conform to:

(a) The city's comprehensive plan and official policies adopted in relation thereto, including this chapter;

 

(b) The goals and objectives of the Hampton Zoning Ordinance; and

 

(c) The applicable regulations of the zoning district classification in which the use is located.

 

(3) That the proposed use is compatible with and not injurious to the enjoyment, use, and orderly development and improvement of the properties in the immediate vicinity of the subject property. Specific factors to be considered by the planning commission and city council may include the following, in relation to the immediate vicinity of the subject property:

(a) Adequate safety, including fire hazards and use of effective measures for fire control, the location and type of any fuel and fuel storage, the location and nature of any proposed security features and provisions, and other similar factors;

 

(b) The impact of nuisances, including noise, glare or light, odors, fumes, dust, vibrations or other similar factors emanating from the site;

(c) The preservation or destruction, loss or damage of any topographic or physical, natural, scenic, archaeological, or historic feature in the immediate vicinity or neighborhood;

 

(d) The location, lighting, and type of signs in relation to the proposed use and the sign requirements of the zoning ordinance;

 

(e) The days and hours of operation associated with the proposed use, including the number of full and part-time employees;

 

(f) The location and use of any anticipated accessory uses and structures and any existing non-conforming uses and structures associated with the proposed use;

 

(g) The location, nature, and extent of existing or proposed landscaping, screening and buffering on the site, including parking and loading spaces and areas; and

 

(h) The location of any parking and loading spaces and areas.

 

Sec. 20-7. Deferral of a use permit application.

(1) Deferral of consideration of any use permit application filed pursuant to this chapter may be requested by the applicant in writing at any time, provided that:

(a) If the request for deferral is made prior to the publication of the notice of public hearing for either the planning commission or city council, whichever is applicable at the time, such shall be granted administratively, for a period not to exceed 180 days.

 

(b) If the request for deferral is made after the publication of the notice of public hearing, such deferral shall only be granted with the consent of either the planning commission or city council, whichever body advertised the hearing.

 

(c) If an application is deferred at the request of the applicant after it has been advertised for public hearing, an additional fee of $300.00 shall be paid by the applicant for re-advertising the application.

 

(2) The planning commission or city council may defer consideration of any use permit application filed pursuant to this chapter upon a finding that there is a public benefit to be gained by deferring the application. Applications deferred by the planning commission or the city council will not be subject to the additional re-advertisement fee.

 

Sec. 20-8. Withdrawal of a use permit application.

A use permit application may be withdrawn from consideration at any time, in writing by the applicant, provided that if the request for the withdrawal is made after publication of the notice of public hearing either before the planning commission or city council, withdrawal shall be granted only with the consent of either the planning commission or city council, whichever body advertised the hearing.

 

Sec. 20-9. Re-filing of a use permit application upon denial.

No application for a use permit shall be accepted within one (1) year of denial by the city council of a use permit application concerning substantially the same use on substantially the same land.

 

Sec. 20-10. Appeal.

All persons aggrieved by a decision of the city council granting or failing to grant a use permit must appeal within 30 days of the decision to the Hampton circuit court as set forth in section 15.2-2285 of the Virginia Code, as amended. However, nothing in this section shall be construed to create any new right to contest the action of the city council.

 

Sec. 20-11. Violation and revocation of a use permit.

The city council may revoke a use permit, after notice and a public hearing as set forth in section 15.2-2204 of the Virginia Code, as amended, for any violation of a term or condition thereof or repeated or continuing violations of the city zoning ordinance or city code, failure to comply with approved plans, and/or when false, fraudulent, or misleading information is supplied by the applicant. The consideration of a possible revocation shall follow the procedure set forth in this chapter for approving the use permit, provided that 15 days written notice is given to the owner of the subject property prior to the public hearing.

 

Sec. 20-12. Expiration of a use permit.

Unless otherwise specified in this chapter, a use permit shall automatically expire and become null and void under any of the following conditions:

(1) If, in the case of new construction, the building has not been erected, with doors, windows, roof covering and exterior finish materials in place within two (2) years of the issuance of the use permit;

 

(2) No building permit to construct the authorized improvements has been issued within 12 months of the date of approval by the city council, or if no building permit is required, if the use is not established within 12 months of the date of approval by the city council; or

 

(3) Once the property may be occupied, if the property is not used for the permitted purpose for a continuous two-year period unless otherwise specified in the zoning ordinance. In making this determination the city may consider such matters as the issuance of a building permit, a business license, utility connections and such related factors.

 

Sec. 20-13. Amendment to an approved use permit.

Any amendment or change of substance to an approved use permit shall be subject to the same procedures and standards as for a new application. Minor modifications to approved terms and conditions of a use permit may be authorized by the director of the department of community development or his designee when such modifications do not: expand or significantly alter the location or boundaries of the use; conflict with specific requirements of this chapter; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have an appreciable effect on surrounding properties.

 

Sec. 20-14. Existing Uses.

Any use legally established prior to October 9, 1996 shall be considered a nonconforming use.

 

Sec. 20-15. Application to the property.

The use permit and all its conditions shall apply to the property for which it is issued so long as such property is used for the permitted purpose, regardless of changes in the ownership of the property, provided the use permit is not expired or revoked, or the use is terminated through a subsequent rezoning. Approval of a use permit shall not be considered a rezoning of the subject property. Once the use permit is approved by the city council, the conditions attached to the use permit shall constitute additional zoning regulations and requirements for the site, which to the extent of any conflict shall supersede the zoning district regulation. All other regulations of the zoning district in which the use is located shall apply and remain in force.

 

ARTICLE II. Reserved.

ARTICLE III. 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