City of Hampton, Virginia
Ordinance - Zoning Text
22 Lincoln Street
Hampton, VA 23669
Enactment Number: Z13-45
Ordinance to Amend and Re-enact
chapter 17.3, article IV, Special Public Interest District entitled PL- Public
Land District of the Zoning Ordinance of the City of Hampton, by Adding
sections 17.3-27 (3)- (10) 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;
ORDAINED by the
Council of the City of Hampton, Virginia, that chapter 17.3, article IV of the
Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted to
read as follows:
Sec. 17.3-27. - Permitted uses.
A building or land shall be used only for
the following purposes:
Public land that is used
for activities such as parks, conservation areas, land reserves, recreation,
and historic sites.
associated with public land.
for public or private commercial use, whether for profit or not, subject to
securing a use permit.
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:
Use permit applications for
commercial communication towers shall include the following:
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.
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.
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
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.
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
The following locational criteria
shall be considered in determining the appropriateness of sites for commercial
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.
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.
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.
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.
Accessory facilities may not include
offices, vehicle storage, or outdoor storage unless permitted by underlying
Advertising and/or signage on tower
structures is prohibited.
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.
Minimum site size shall be no less
than 2,000 square feet.
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.
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
shall be required as set forth in the City of Hampton Landscape Guidelines on
file with the department of community development, development services center.
Additional conditions may be
included contingent upon site specific characteristics for commercial
communication towers other than those exempt under subsection (k) herein below.
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.
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:
The minimum lot size for any use in
this category shall be two (2) acres.
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.
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.
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.
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.
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.
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.
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.
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.
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
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
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.
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.
Marinas, for marine fuel service stations,
subject to securing a use permit.
Marinas, for pleasure craft sales, rentals,
service, or storage, if located on waterways, subject to securing a use permit.
The sale of
nursery, greenhouse, or agricultural products, and accessory supplies incidental
thereto subject to securing a use permit, provided that:
The minimum lot size for such a use
shall be two (2) acres;
The owner and operator of the
premises occupy a residence on site;
The rental, repair, or sale of
motorized equipment or tools other than hand tools shall be prohibited;
The operations of such a use,
including storage, but excluding outside plant production storage and sale
shall be conducted within a completely enclosed structure;
The sale or storage of liquid or dry
chemicals unless same is pre-packaged by the manufacturer shall be prohibited;
There may be only one (1) unlighted
exterior sign in accordance with local zoning ordinances; and
Off-street parking on site is provided
in conformance with chapter 19
of the zoning ordinance.
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.
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