City of Hampton, Virginia
Ordinance - Zoning Text
22 Lincoln Street
Hampton, VA 23669
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
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
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;
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
(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
(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
Sec. 20-4. Procedure for application review.
Upon submission and acceptance of a
complete application for a use permit, the following review procedures shall
(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.
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
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
(ii) Recommend disapproval;
(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
(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
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
(i) Approve the use permit
with the conditions recommended by the planning commission;
(ii) Disapprove the use
(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.
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
(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
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
(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
(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
(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
Sec. 20-8. Withdrawal of a use
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
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
(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
(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
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
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
ARTICLE II. Reserved.
ARTICLE III. Reserved.
. . . .
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