Legislation # 08-0384 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 9/10/2008
Title AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE IV, SECTION 9-131 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED “BUILDING AND DEVELOPMENT REGULATIONS” TO CORRECT A CITATION.
 
Legislation History 08-0384
DateNotice Of ActionDescription
10/9/2008 Enactment Number 08-0016
9/24/2008 Approved items 1 through 10 and 12 of the Consent Agenda.
9/10/2008 Adopted on First Reading
9/10/2008 Held Public Hearing
8/29/2008 Received By Clerk's Office
 
View Attachments 08-0384
FileTypeSizeDescription
9-131 Redline.DOC Other 47K Chapter 9, Sec 9-131
CCmemo_citationamendment.doc Memorandum 54K Memo to Council
 
Legislation Text 08-0384

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0384

 

Enactment Number: 08-0016

 

AN ORDINANCE TO AMEND CHAPTER 9, ARTICLE IV, SECTION 9-131 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA, ENTITLED BUILDING AND DEVELOPMENT REGULATIONS TO CORRECT A CITATION.

 

 

 

ARTICLE IV.  SITE PLANS*


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*Charter references:  Authority of city relative to land development and site plans, 2.06. 


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DIVISION 1.  GENERALLY


Sec. 9-131.  Definitions.

 

For the purposes of this article, the following words and phrases shall have the meanings ascribed to them by this section, unless otherwise clearly indicated.

 

Accessory building:  A detached subordinate building located on the same lot with the main building, the use of which is incidental to the main building or land and which requires no new street entrances, drainage or other public facilities. 

 

Adequate:  Standards or specifications, as set forth in accepted engineering codes and regulations and approved and accepted by national engineering organizations such as the American Society of Civil Engineers, the National Fire Protection Association, etc., except where such standards conflict with the established city standards or specifications. 

 

Buffer area:  An area of natural or established vegetation managed to protect other components of a resource protection area and state waters from significant degradation due to land disturbances. 

 

Building:  Any structure built for the support, shelter, housing or enclosure of persons, animals or property of any kind. 

 

Building area:  The portion of a site on which a structure or improvements may be erected. 

 

Chesapeake Bay Preservation District (SPI-CBPD):  Any land designated by the Hampton City Council pursuant to Part III of the Chesapeake Bay Preservation Area Designation and Management Regulations, VAC 10-20-70 et seq., and Code of Virginia, 10.1-2107 of the Chesapeake Bay Preservation Act, and pursuant to Chapter 17.3, Article X of the Hampton City Zoning Ordinance. A Chesapeake Bay Preservation District shall consist of a resource protection area and a resource management area. 

 

Coastal Barrier Resources System:  An area comprised of undeveloped barrier islands and associated wetlands as designated under the Coastal Barrier Resources Act, 16 U.S.C.A. 3501. 

 

Development:  The construction, or substantial alteration of residential, commercial, industrial, institutional, recreational, transportation, or utility facilities or structures. 

 

Dwelling:  A building or portion thereof which is designated or used exclusively for residential purposes. 

 

Dwelling unit:  A group of one (1) or more rooms designed for or intended for occupancy by a single family. 

 

Existing trees:  Any self-supporting woody plant growing upon the earth which usually produces one (1) main trunk measuring no less than six (6) inches in diameter at a height four and one-half (4 1/2) feet from the ground which produces a more or less distinct and elevated head with many branches. 

 

Improvement:  Any physical alteration of real property. Included in the term are clearing vegetation, grading, utility installation, filling, excavation, or construction of any kind. 

 

Intensely developed area:  A portion of the Chesapeake Bay Preservation District, delineated within the resource protection area on the Chesapeake Bay Preservation District Map, where development is concentrated and little of the natural environment remains. 

 

New trees:  Any self-supporting woody plant growing upon the earth which usually produces one (1) main trunk measuring no less than one and one-half (1 1/2) inches in diameter at a height of six (6) inches from the ground which produces a more or less distinct and elevated head with many branches. 

 

Nontidal wetlands:  Those wetlands other than tidal wetlands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency and the Army Corps of Engineers pursuant to enforcement of Section 404 of the Federal Clean Water Act in CFR 328.3b. 

 

Reasonable:  Standards or specifications, as set forth in accepted engineering codes and regulations and approved and accepted by national engineering organizations such as the American Society of Civil Engineers, the National Fire Protection Association, etc., except where such standards conflict with the established city standards or specifications. 

 

Redevelopment:  The process of developing land that is or has been previously developed. 

 

Resource management area (RMA):  That component of the Chesapeake Bay Preservation District that is not classified as the resource protection area. The RMA is comprised of land that is contiguous to the variable width resource protection area buffer for a distance of one hundred (100) feet in the landward direction. 

 

Resource protection area (RPA):  That component of the Chesapeake Bay Preservation District comprised of lands adjacent to water bodies with perennial flow that have an intrinsic water quality value due to the ecological and biological processes they perform or that are sensitive to impacts which may result in significant degradation to the quality of state waters. Resource protection areas include: (i) Tidal wetlands; (ii) Non-tidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; (iii) Tidal shores; and, (iv) a variable width buffer area not less than one hundred (100) feet in width. The variable width buffer shall be located adjacent to and landward of the components listed in (i) through (iii) above, and along both sides of any water body with perennial flow. The variable width buffer area shall also include lands designated as part of the Coastal Barrier Resources System not otherwise listed as a resource protection area feature where present. The buffer area shall be designated as the landward component of the RPA notwithstanding the presence of permitted uses, encroachments, and permitted vegetation clearing in compliance with Chapter 17.3, Article X, of the Hampton City Zoning Ordinance. 

 

Review committee:  A group of persons, as defined in the Zoning Ordinance, which convenes to hear requests for relief from the Chesapeake Bay Preservation District regulations and to arbitrate Chesapeake Bay Preservation District boundary disputes. 

 

Single-family dwelling:  A detached building designed for or installed to be occupied by one (1) family. 

 

Site plan:  A plan delineating the overall scheme of development of a tract of land, including but not limited to grading, engineering design, construction details and survey data for existing and proposed improvements. 

 

Structure:  Anything which is built or constructed; an assembly of materials or any piece of work artificially built up or composed of parts joined together in some definite manner. 

 

Tidal shore  or  shore:  Land contiguous to a tidal body of water between the mean low water level and the mean high water level. 

 

Tidal wetlands:  Vegetated land which lies between and contiguous to mean low water and an elevation above mean low water equal to the factor of one and one-half (1 1/2) times the mean tide range, or nonvegetated land which lies contiguous to mean low water and is between mean low water and mean high water. 

 

Timber harvesting:  Any operation involving the removal of commercially valuable trees for production of lumber, timbers, pulpwood, mine props, piling, veneer logs, other logs or firewood (other than for the personal use of the owner). 

 

Water-dependent facility:  A development of land that cannot exist outside of the resource protection area and must be located on the shoreline by reason of the intrinsic nature of its operation. These facilities include, but are not limited to (i) ports; (ii) the intake and outfall structures of power plants, water treatment plants, sewage treatment plants, and storm sewers; (iii) marinas and other boat docking structures (iv) beaches and other public water-orient recreation areas; and (v) fisheries or similar marine resources facilities. 

 

(Ord. No. 194; Ord. No. 451; Code 1964, 21A-1; Ord. No. 845, 11-12-86; Ord. No. 958, 12-13-89; Ord. No. 991, 12-12-90; Ord. No. 1098, 8-11-93; Ord. No. 1370, 5-12-04; Ord. No. 1468, 3-28-07; Ord. No. 08-0005, 1-9-08)


Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on ______________________________.

 

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council