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 Amend Day Care In 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 districts in which day care is permitted within the City, as well as what additional standards, if any, are attached.
Family Day Care 1 (FDC1) is permitted in all dwelling types. In districts where residential is not a permitted use, Family Day Care 1 is only permitted in legally non-conforming dwellings.
Family Day Care 2 (FDC2) is permitted in occupied, detached, one or two-family residences or duplex dwellings. In districts where detached one or two-family residences or duplex dwellings are not permitted, Family Day Care 2 is only permitted in legally non-conforming dwellings. In all instances, this use is only allowed in accordance with additional standards specified in the zoning ordinance.
Commercial Day Care 1 is permitted in any facility other than the residence of a client or provider in the C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, FM-1, FM-2, FM-3, and PO-1 districts. A Zoning Administrator permit can be granted for this use should the applicant meet additional standards ascribed in the Zoning Ordinance.
Commercial Day Care 2 is permitted in any facility other than the residence of a client or provider in the R-LL, R-43, R-R, 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, DT-1, DT-2, DT-3, PH-1, FM-1, FM-2, FM-3, and PO-1 districts. In the C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, FM-1, FM-2, FM-3, and PO-1 districts, a Use Permit is required only when an applicant requests to operate beyond the standards set forth in the zoning ordinance for Commercial Day Care 1.
More information on the proposed day care regulation changes can be found in the red line and the use table. Approval of this amendment would establish districts in which day care is permitted, and additional standards to be attached.
This amendment is in conjunction with ZOA 190-2016 and has an effective date of July 1, 2016.
Recommendations:
Rec
Staff Recommendation:
Approve
Planning Commission Recommendation:
Planning Commission recommends approval of this ordinance amendment with two text amendments. Lines 83 and 107 should read: (i) No more than two (2) employees of the day care at any given time shall reside outside of the dwelling.
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 of July 1, 2016 as follows:
CHAPTER 3 - USES PERMITTED
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Sec. 3-2. Table of uses permitted.
[See attached use table for changes.]
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Sec. 3-3. Additional standards on uses.
The following uses have additional standards:
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(10) Day care 1, family in the M-1, M-2, M-3, LFA-1, LFA-2, LFA-3, LFA-4, LFA-6, RT-1, HRC-1, HRC-2, HRC-3, PO-1, and PO-2 districts.
(a) This use shall be permitted only in dwellings with legal non-conforming status.
(11) Day care 2, family
(a) In the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, R-M, LFA-5, RT-1, BB-1, BB-2, BB-3, DT-1, DT-2, FM-1, FM-2, and FM-3 districts, this use shall comply with all of the following provisions:
(i) No more than two (2) employees of the day care at any given time shall reside outside of the dwelling.
(ii) No day care 2, family shall operate prior to obtaining a certificate of occupancy and all other necessary permits and inspections.
(iii) No day care 2, family shall be permitted to operate without a valid business license as issued by the Commissioner of Revenue.
(iv) No day care 2, family shall be permitted to operate without a license issued by the Commonwealth of Virginia.
(v) All parking in connection with the day care must be in driveway and garage areas on the premises, or in available on-street parking areas.
(vi) Play areas shall be provided in accordance with the following standards in order to provide minimum disturbance to adjacent properties and maximum safety of clients:
(aa) A six (6) foot tall opaque fence shall be provided around the play area in accordance with Section 1-18 of this ordinance.
(bb) All outdoor play activities shall be conducted between 8:00 a.m. and 6:00 p.m.
(b) In the MD-1, MD-2, MD-3, MD-4, C-1, C-2, C-3, M-1, M-2, M-3, LFA-1, LFA-2, LFA-3, LFA-4, LFA-6, BB-4, BB-5, HRC-1, HRC-2, HRC-3, DT-3, PH-1, FM-4, PO-1, and PO-2 districts, this use shall be permitted only in dwellings with legal non-conforming status and shall comply with all of the following provisions:
(i) No more than two (2) employees of the day care at any given time shall reside outside of the dwelling.
(ii) No day care 2, family shall operate prior to obtaining a certificate of occupancy and all other necessary permits and inspections.
(iii) No day care 2, family shall be permitted to operate without a valid business license as issued by the Commissioner of Revenue.
(iv) No day care 2, family shall be permitted to operate without a license issued by the Commonwealth of Virginia.
(v) All parking in connection with the day care must be in driveway and garage areas on the premises, or in available on-street parking areas.
(vi) Play areas shall be provided in accordance with the following standards in order to provide minimum disturbance to adjacent properties and maximum safety of clients:
(aa) A six (6) foot tall opaque fence shall be provided around the play area in accordance with Section 1-18 of this ordinance.
(bb) All outdoor play activities shall be conducted between 8:00 a.m. and 6:00 p.m.
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(49) Day care 1, commercial in the C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, FM-1, FM-2, FM-3 and PO-1 districts are subject to a day care permit granted by the zoning administrator with the following attached conditions:
(a) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Sunday;
(b) Loading and unloading of clients from vehicles shall be conducted on site and not on any public street or right-of-way;
(c) Capacity shall not exceed the number listed on capacity certificate;
(d) The day care operator must maintain a daily ledger containing the names of clients cared for;
(e) The day care operator must obtain a Certificate of Occupancy prior to commencing the day care operation; and
(f) The zoning administrator, or appointed designee, shall have the ability to revoke the day care permit upon violation of any of the above conditions.
(50) Day care 2, commercial in the R-LL, R-43, R-R, 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, DT-1, DT-2, DT-3, PH-1, FM-1, FM-2, FM-3, and PO-1 districts. Such facilities are defined as those requesting to operate beyond the conditions set forth under the provisions of “day care 1, commercial” and are subject to obtaining a use permit by city council. Conditions shall include those listed in Section 14-6 Standards for Use Permit Application Review of the City of Hampton Zoning Ordinance.
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[The attached Table, entitled, " Use Table" is hereby declared to be a part of this ordinance as if fully set forth herein.]