Title
Ordinance To Amend And Re-Enact Chapter 3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Section 3-2 To Add The New Zoning Districts Titled FM-1 (Fort Monroe Inner Fort), FM-2 (Fort Monroe Historic Village), FM-3 (Fort Monroe North Gate) And FM-4 (Fort Monroe Wherry Quarter) To The Use Table and Section 3-3 Pertaining To Additional Standards On Permitted Uses
Purpose
Background Statement:
Chapter 3 of the zoning ordinance governs uses permitted in the City. Specifically, this amendment will establish the permitted uses within the Fort Monroe (FM) Districts (FM-1, FM-2, FM-3 and FM-4).
The overall intent of the Fort Monroe (FM) Districts is to define land use and development standards to implement the Hampton Community Plan (2006 as amended) and the Fort Monroe Land Use Plan (2016). It is also the intent of the districts to recognize the obligations of the Fort Monroe Authority to protect the historic resources on Fort Monroe under the Programmatic Agreement for the Closure and Disposal of Fort Monroe. More specifically, the districts are intended to:
FM-1 District - Inner Fort: protect the single-family character of the existing residential community while promoting the enjoyment of the historical, recreational, cultural and educational resources of the Fort Monroe National Monument.
FM-2 District - Historic Village: protect the character of the existing residential community and promote new residential development. Provide limited options for retail and employment uses.
FM-3: District - North Gate: promote employment uses through the re-use of existing buildings and new construction. Provide limited options for new residential development.
FM-4: District - Wherry Quarter: promote uses that support the enjoyment of the historical, recreational, cultural and educational resources of Fort Monroe.
Approval of this amendment will establish which uses are allowed in the Fort Monroe (FM) Districts (FM-1, FM-2, FM-3 and FM-4) and amend the use table by adding a category for each district.
This amendment is part of a recommendation to amend the Hampton Community Plan (2006 as amended), rezone the Fort Monroe property, and amend the Hampton zoning ordinance to support the closure and reuse of Fort Monroe. The Hampton Community Plan amendment (CPA 16-00001) will establish the “Fort Monroe Land Use Plan (2016)”. The proposed rezonings include: RZ 16-00002, RZ 16-00003, RZ 16-00004, RZ 16-00005, and RZ 16-00006. The proposed zoning ordinance amendments include: ZOA 182-2016, ZOA 183-2016, ZOA 184-2016, ZOA 185-2016, ZOA 186-2016, and ZOA 187-2016.
Recommendations:
Rec
Staff Recommendation:
Approve with the Wherry Quarter revision dated March 1, 2016 concerning residential uses
Planning Commission Recommendation:
Approve with the Wherry Quarter revision dated March 1, 2016 concerning residential uses
Body
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 3 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
CHAPTER 3 - USES PERMITTED
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Sec. 3-2. Table of uses permitted.
[See attached table for changes]
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Sec. 3-3. Additional standards on uses.
The following uses have additional standards:
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(7) Home occupation. In the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, LFA-5, RT-1, BB-1, BB-2, BB-3, BB-4, BB-5, DT-1, DT-2, DT-3, FM-1, FM-2, and FM-3 districts, home occupations shall be permitted only as an accessory use and only where the character of such use is such that it is clearly subordinate and incidental to the principal residential use of a dwelling. Home occupations that have the following general characteristics are permitted:
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(10) Day care 2 in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, RT-1, FM-1, and FM-2 districts.
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(11) Day care 3 in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, C-3, HRC-2, PH-1, DT-1, DT-2, DT-3, FM-1, FM-2, and FM-3 districts, or;
Day care 3, accessory in the M-1, M-2, M-3, HRC-1, and HRC-3 districts.
The evaluation of a request for use permit for a day care 3 or day care 3, accessory use 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 shall automatically expire and become null and void if the property is not used for the permitted purpose for a continuous six-month period.
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(12) Outdoor dining 1 in the C-1, C-2, C-3, M-2, RT-1, BB-3, BB-4, BB-5, FM-1, FM-2, FM-3, and FM-4 districts.
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(13) Outdoor dining 2 in the C-1, C-2, C-3, M-2, RT-1, BB-3, BB-4, BB-5, FM-1, FM-2, FM-3, and FM-4 districts.
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(15) Rummage sale, temporary in the C-1, C-2, C-3, M-2, RT-1, PH-1, DT-1, DT-2, FM-2, and FM-3 districts.
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(22) Live entertainment 1, in conjunction with a restaurant use in the C-1, C-2, C-3, RT-1, BB-3, BB-4, BB-5, PH-1, DT-1, DT-2, FM-1, FM-2, FM-3, and FM-4 districts. or;
Live entertainment 1, in conjunction with a micro-brewery/distillery/winery use in the M-1, M-2, M-3, HRC-1, HRC-2, PH-1, DT-1, DT-2, FM-2, FM-3, and FM-4 districts.
Live entertainment 1 venues are defined as venues where capacity is limited to no more than 50 people and subject to a live entertainment permit granted by the zoning administrator with the following attached conditions:
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(23) Live entertainment 2, in conjunction with a restaurant use in the C-1, C-2, C-3, RT-1, BB-3, BB-4, BB-5, PH-1, DT-1, DT-2, FM-1, FM-2, FM-3, and FM-4 districts. or;
Live entertainment 2, in conjunction with a micro-brewery/distillery/winery use in the M-1, M-2, M-3, HRC-1, HRC-2, PH-1, DT-1, DT-2, FM-2, FM-3, and FM-4 districts.
Live entertainment 2 venues are defined as venues with a capacity greater than 50 people and subject to obtaining a use permit by city council. The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns and city council may impose more restrictive conditions when the proposal is adjacent to residential land uses. Conditions shall include, but are not limited to, the following:
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(33) Communication antenna, commercial building-mounted in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, C-3, M-1, M-2, M-3, RT-1, BB-3, BB-4, BB-5, HRC-2, HRC-3, PH-1, DT-1, DT-2, DT-3, PO-1, FM-3, and FM-4 districts.
The following minimum conditions shall be met:
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(34) Communication tower, commercial in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, R-M, C-1, C-2, C-3, M-1, M-2, M-3, RT-1, HRC-1, HRC-2, HRC-3, PH-1, DT-1, DT-2, DT-3, FM-3, and PO-1 districts.
The following minimum conditions shall be met:
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(47) Micro-brewery/distillery/winery in the PH-1, DT-1 DT-2, and FM-2 districts shall include a retail component which is open to the general public.
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The attached Table/Graphic, entitled, "TABLE OF USES PERMITTED - CITY OF HAMPTON ZONING ORDINANCE " is hereby declared to be a part of this ordinance as if fully set forth herein.