Title
A proposal by the City of Hampton to Amend and Re-enact the City Ordinance of the City of Hampton, Virginia by Amending Chapter 35.1, Site Plans
Purpose
Background Statement:
The amendments primarily focus on making the content more user-friendly by simplifying language, reducing ambiguity, and organizing information in a more intuitive way. These updates help ensure that customers can more easily understand requirements, navigate the document, and complete necessary actions without confusion or delay.
A major reason for this proposed amendment is to align the site plan ordinance with the updated state code, ensuring consistency with current regulations and compliance standards.
New definitions for major and minor site plans have been introduced to better classify submissions. As a result, requirements and review timelines have been adjusted accordingly, allowing for a more predictable and transparent process for customers. Additionally, the transition from hard copies to digital submissions will help lower costs and expedite processing times. This change simplifies the submission process, reduces administrative burden, and enables faster communication and review.
Further clarifications have been added throughout the document to clearly define responsibilities within specific sections, including communication with utility companies and the site plan exemption section. These updates help ensure that expectations are clearly understood, reducing uncertainty and improving compliance.
From a customer service perspective, these updates are designed to minimize back-and-forth communication, reduce errors, and improve response efficiency. By clarifying expectations and standardizing key sections, the revisions support faster resolution times and a more consistent, positive experience for users.
Overall, these updates aim to create a clearer, more accessible document that better supports both customers and service teams.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
Sec. 35.1-1. Purpose and intent.
(A) Purpose. The purpose of this chapter is to promote sound and innovative design to ensure that land is used in a manner that is efficient, in harmony with neighboring property and the environment, and in accordance with the provisions of this chapter and other ordinances of the City Code and the zoning ordinance. If the requirements of this chapter will affect sites which are already developed, or which are partially developed, such sites should be brought into compliance with the provisions of this chapter to the maximum extent possible without creating an undue hardship especially with regard to a potential need to demolish or relocate existing parking lots or structures.
(B) Intent. The intent of this chapter is to provide for a review of site development proposals in terms of:
(1) The development's compatibility with its environment and with other land uses and buildings existing in the surrounding area;
(2) The quantity, quality, utility, size and type of the development's required green space, impact upon existing natural environment and proposed landscaping improvements;
(3) The ability of the development's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians and adequate and efficient coordination of streets within and contiguous to the development with other existing or planned streets, water, sewage facilities and other public needs and facilities;
(4) The location and adequacy of the development's provision for drainage and flood control, including impounding structures, impacts within dam break inundation zones, utilities and other public purposes;
(5) The development's compatibility with the protection and improvement of the water quality of the Chesapeake Bay and its tributaries, as applicable; and
(6) Protecting and preserving the public health, safety and welfare from the adverse impacts on the proposed development associated with high levels of noise from flight operations at Langley Air Force Base and the potential for aircraft accidents associated with proximity to such military air facility operations, as applicable.
Sec. 35.1-2. Application and scope of chapter; definitions.
(A) The site plan regulations contained in this chapter shall apply within the corporate limits of the city.
(B) Except as may otherwise be defined herein or in other applicable provisions of the City Code and the city zoning ordinance, the definitions set forth in chapter 2 of the city zoning ordinance shall control the meaning of any terms or phrases used herein. The terms "owner" and "developer" are used interchangeably throughout this chapter and the provisions of this chapter are applicable to an owner or developer of a site.
(C) “Major site plan” means the submission required by section 35.1-2.1 below, if such submission contains any of the following elements:
(1) Development on any unimproved parcel of land;
(2) Developments completed in multiple phases;
(3) Development requiring new public utility facilities or infrastructure other than service taps;
(4) Development which requires a new determination that the project will not increase flood levels during a base flood event (a “No-Rise study”);
(5) Development which requires an analysis of the development’s impact on transportation (a “Traffic Impacts Study”);
(6) Development requiring wastewater capacity improvements;
(7) Development disturbing 10,000 or more square feet of land, or developments disturbing 2,500 or more square feet of land in the Chesapeake Bay Preservation Overlay District (O-CBP); or
(8) Development which alters the existing grade of land by more than three feet (3’).
(D) “Minor site plan” means any submission required by section 35.1-2.1 below which is not a major site plan.
(E) “Major revision” means a proposed change to a previously approved site plan which, if such change was submitted in relation to a new project, would constitute a “major site plan.”
(F) “Minor revision” means a proposed change to a previously approved site plan which is not a major revision.
Sec. 35.1-2.1. Approved site plan required.
Unless exempt pursuant to section 35.1-2.2, the following shall require submission of a site plan for review and approval prior to the issuance of any building, zoning, right-of-way, or infrastructure permit or certificate of occupancy:
(1) New construction and redevelopment. Any structure or improvement permitted by the zoning ordinance as a principal, accessory, conditional, or special exception use in any district.
(2) Newly created parking lots and expansions to existing parking lots. Any new parking lot or expansion to an existing parking lot exceeding ten thousand (10,000) square feet of land disturbance.
(3) Alteration of grade. Alteration of the grade of land in such a manner as to change existing contours in excess of three (3) feet.
(4) Construction or alteration of public facilities or infrastructure. Construction or alteration of public streets, alleys, sidewalks, curbs, gutters, retaining walls, off-street parking facilities, sewer or drainage systems, stormwater management improvements, or other such public improvements.
Sec. 35.1-2.2. Exemptions from site plan approval.
(A) The following types of development are exempt from the requirement for a site plan approval:
(1) Certain residential development.
(i) A subdivision of one-family dwellings if a development plan has been submitted and approved in accordance with chapter 35 of the City Code.
(ii) A subdivision of one-family dwellings if a subdivision plat was duly recorded before the adoption of the city's subdivision ordinance.
(iii) One-family, two-family and duplex dwellings and accessory buildings or accessory structures to such dwellings, except as may be otherwise regulated or prohibited under other applicable provisions of the zoning ordinance or City Code.
(2) Agricultural operations. Agricultural operations as defined by Code of Virginia, § 3.2-300 as amended, and under those uniform standards as may be prescribed by the commissioner of agriculture and consumer services, or those uses devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agreement with an agency of the federal government.
(3) Bona fide tree farmers. Bona fide tree farmers having a forest planting, cutting, or management plan approved by the state forester of the department of forestry and a written certification from the state forester that the proposed operations are in conformity with the approved management plan prior to any timber harvesting operations.
(B) The types of development set forth in subsection (C) are exempt from the requirement for site plan approval provided that the following conditions are met:
(1) The development does not require direct connection to public infrastructure, not including taps or meter connections.
(2) The development does not reduce the amount of existing green area required by the zoning ordinance on the site.
(3) No part of the development is within the Chesapeake Bay Preservation Overlay District (O-CBP) as set forth in the zoning ordinance.
(4) The applicant submits a scaled two-dimensional plan or drawing and physical property survey as set forth in section 1-7 of the zoning ordinance.
(C) Provided that all of the requirements stated in subsection (B) are met, the following types of development are exempt from site plan approval:
(1) Certain additions. Building or structural additions where the total floor area of the proposed addition does not exceed 1/3 of the existing floor area or 3,000 square feet, whichever is smaller, or where additions are proposed to two (2) or more buildings located on the same lot or part of the same development, the aggregate proposed additions do not exceed 1/3 of the total gross floor areas of the existing buildings or 3,000 square feet, whichever is smaller.
(2) Alterations or additions to a site. Alterations or additions to a site that do not exceed ten thousand (10,000) square feet of land disturbance such as walkways, landscaping, paving, light poles, or lighting fixtures, but that involve no buildings or structures.
(3) Ornamental and accessory structures and façade improvements. Ornamental structures or façade improvements, including but not limited to bay windows, chimneys, canopies, decks (covered and uncovered), vestibules, loading docks, and mechanical equipment.
(4) Temporary uses and structures. Temporary uses, buildings, and structures provided that such a use, building, or structure:
(i) Does not exceed a continued period of six (6) months;
(ii) Does not occur before a period of ninety (90) days has elapsed since the last temporary use building, or structure was terminated and completely removed from the site; and
(iii) Does not remain on the site more than thirty (30) days after discontinuance of the temporary use, building, or structure.
(5) Public service companies performing normal and necessary maintenance activities. Provided, however, that for any such maintenance proposed within any subdistrict of the Chesapeake Bay Preservation Overlay District (O-CBP), nothing in this section shall be construed to waive any requirement to submit the plan of development required by the zoning ordinance for development in such subdistricts.
(6) Recreational amenities in public parkland. Recreational amenities in public parkland that do not exceed a total of ten thousand (10,000) square feet land disturbance, including but not limited to gazebos, benches, and playground equipment; provided, however, this exception shall not include uses such as swimming pools, paved tennis or play courts regardless of size.
(7) Bus shelters.
(8) Retaining walls. Retaining walls affecting less than ten thousand (10,000) square feet of land-disturbance with review and approval by the U.S. Army Corps of Engineers, the Virginia Department of Environmental Quality, the Hampton Wetlands Board, the Chesapeake Bay Review Committee, and/or the Virginia Marine Resources Commission, as applicable.
(D) All development, regardless of exemption from this chapter, shall be subject to all other applicable provisions of the City Code and zoning ordinance, including but not limited to chapters 9, 33.3 and 41.1 of the City Code.
Sec. 35.1-3. Administration and enforcement of chapter.
Pursuant to the authority granted to the city council by the Code of Virginia § 15.2-2255, the city council designates as its agent the city manager for purposes of administering and enforcing the provisions of this chapter. The city manager authorizes and designates the director of the department of community development or their designee to act as the "city agent." Accordingly, the city agent is granted the authority to coordinate the site plan review process, to approve or disapprove site plans with the concurring approval of the director of public works or his designee and administer the provisions of this chapter that are not governed by the Zoning Ordinance, chapters 9, 33.3 and 41.1 of the City Code or the public works design and construction standards. The city manager also designates the director of the department of public works to (i) administer and enforce the provisions of this chapter related to approval or disapproval of site plans together with the city agent; (ii) administer, review, modify and waive provisions of the City of Hampton Department of Public Works Design and Construction Standards and related requirements as set forth in articles III and IV of this chapter; and (iii) enforce compliance with an approved site plan as set forth in section 35.1-4 of this chapter. Wherever the term director of community development or public works is used throughout this chapter, the term shall include their respective authorized designees.
Sec. 35.1-4. Compliance with chapter; stop work orders; penalty for violation.
(A) Except as otherwise set forth in chapter 12 of the zoning ordinance, no building permit or certificate of occupancy shall be issued for any building or structure that fails to comply with the requirements of this chapter, and no excavation of land or construction of any public or private improvements shall be commenced, except in conformity with the requirements of this chapter.
(B) The directors of public works and community development, the building official, and the zoning administrator (or their respective authorized representatives) shall have the authority, pursuant to applicable ordinances and policies, to enforce non-compliance with the provisions of said ordinances and policies, prosecute violations of an approved landscape plan or commencement of construction without an approved landscape plan, and to stop site construction, improvements or alterations in the event of any deviations from an approved site plan, or upon the discovery of unexpected adverse impacts of the development activity on adjacent properties or public facilities.
(C) The directors of public works or community development or their authorized representatives have the authority to serve a written notice of violation for violations of this chapter, to order the abatement of such violation, and to issue a summons to appear in the general district court to any person who shall fail to obey a lawful order contained in such notice of violation.
(D) Except as otherwise provided in this chapter, any person, firm or corporation, whether as principal, agent, employee or otherwise, violating the provisions of this chapter shall be upon conviction thereof, guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate a violation in compliance with this chapter within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00).
(E) In addition, the city may pursue injunctive relief and other available remedies to prevent, restrain, abate or correct any violation of this chapter. Nothing contained in this chapter shall excuse compliance with other applicable ordinances or laws. Except where more stringent requirements are expressly set forth by state or federal statute, where local requirements are in conflict with mandatory state or federal requirements, the local requirements shall prevail.
Sec. 35.1-5. How chapter may be amended.
This chapter may be amended in whole or in part by the city council. Any such amendment shall either originate with or be submitted to the planning commission for recommendation prior to adoption. If no recommendation is received from the planning commission within sixty (60) days after submission, the city council may act without a recommendation. No such amendment shall be adopted without a public hearing having been held by the city council and advertised pursuant to § 15.2-2204 of the Code of Virginia, (1950), as amended.
Sec. 35.1-6. Changes, erasures and revisions.
Except for field changes as may be required by other ordinances, no change, erasure or revision shall be made on any site plan, or on accompanying data sheets, after the city agent and the director of public works have approved in writing the plan or sheets, unless authorization for such changes has been granted in writing by the city agent and the director of public works.
Sec. 35.1-7. Exceptions.
(A) Except as otherwise set forth in this chapter, the city council may grant exceptions to the general provisions of this chapter not governed by chapters 9, 13.1, 33.3, and 41.1 of the City Code, the "City of Hampton Landscape Guidelines," the zoning ordinance, or the public works design and construction standards. The burden shall be on the applicant to demonstrate the need for the exception.
(1) Application required.
(a) Application for a Petition of Exception 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 city agent. A complete application shall include, unless waived by the director of the community development department or his designee, each of the following:
(i) A narrative statement addressing the grounds for the Petition for Exception and all of the facts relied upon by the applicant.
(ii) A plan of development of the subject property for which the Petition is requested, which shall be prepared by a duly licensed professional engineer, land surveyor, architect, or landscape architect authorized to do business in the state of Virginia and shall depict the property boundaries, existing and proposed buildings and uses, yards, fences, signs, access to the site, and on-site parking and vehicle 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.
(iii) If a site plan has been prepared and submitted for review by the city, the application shall include the most recent draft site plan; and
(iv) A current physical property survey involved in the Petition for Exception.
(2) Procedure for application review.
(a) Community Development Department review. Upon receiving a complete Petition for Exception, the Petition shall first be reviewed by the community development department. In order to be forwarded to the planning commission for review, the petition must satisfy each of the following criteria:
(i) No objection to the exception has been received in writing from the City’s fire chief, or any affected state, federal or local agency including (without limitation) Langley Airforce Base; provided, however, that any such objection and the reasons therefor, must reference specific adopted ordinances, laws, regulations and policies. All modifications or corrections that would permit approval shall also be identified in the letter of objection;
(ii) The relief sought will not in any manner vary the provisions of the zoning ordinance, chapters 9, 13.1, 33.3, or 41.1 of the City Code, the comprehensive plan, the “City of Hampton Landscape Guidelines,” the public works design and construction standards, or the official map, except as those provisions may be amended in the manner prescribed by law; and
(iii) The city agent and the planning division staff shall review the petition for completeness and may require such additional information as city staff may deem necessary to process the petition to the planning commission for consideration.
(b) Planning commission and city council review. If the Petition for Exception is consistent with the criteria set forth in the section 2(a) above, the community development department staff shall forward the Petition to the planning commission for review. The planning commission shall hold a public hearing advertised in accordance with the Code of Virginia § 15.2-2204, and shall submit its recommendations to the city council to approve or deny the petition no later than one hundred (100) days from the date of the public hearing on the Petition. Failure of the planning commission to act on the Petition within the one hundred (100) day period shall constitute a recommendation of approval and the petition shall be forwarded to the city council for consideration. The planning commission in considering such petitions may impose such reasonable restrictions in addition to the provisions of this chapter as it may deem necessary in the public interest. The planning commission may recommend approval of the Petition for Exception if each of the following findings are met:
(i) The granting of the exception will not be detrimental to public safety, health, or welfare, and will not adversely affect the property of others;
(ii) Strict adherence to the ordinance requirement will cause undue hardship based upon the unusual character of the property, including dimensions and topography, or by some other extraordinary situation or condition of the property. Personal, financial, or self-inflicted hardships shall not be considered proper justification for an exception; and
(iii) The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formation of a general regulation to be adopted as an amendment to this ordinance.
(c) Following the recommendation of the planning commission, the city council shall consider the petition at a public hearing, advertised in accordance with Code of Virginia § 15.2-2204, and shall approve or deny the petition based upon the criteria set forth in section 2(b)(i)-(iii). If approving the Petition, the city council may attach any conditions it deems necessary in the public interest.
(B) If granted, such exception shall be specifically stated in writing as evidenced by a formal council resolution and filed with the site plan. A note shall be prominently placed on the site plan detailing the exception so granted.
Sec. 35.1-8. Appeals.
In the event a site plan is disapproved by the city agent (or other official as may be provided by this Chapter) and the owner or developer contends that the disapproval was not properly based on the ordinance applicable thereto, or was arbitrary or capricious, the developer may appeal such decision to the Hampton Circuit Court within sixty (60) days after written disapproval by the city agent. No owner or developer may pursue approval of an alternative site plan while his appeal from the disapproval of the original site plan is pending.
Sec. 35.1-9. Reserved.
Sec. 35.1-10. Compliance with other ordinances.
In addition to the requirements set forth in this chapter, and without limiting the applicability of any other provision of law, site plans shall comply with the provisions of all city ordinances and the zoning ordinance and specifically, chapters 33.3, and 41.1 of the City Code, and chapter 9, articles IV and II of the city zoning ordinance unless exempted thereunder. The owner will be required to submit any additional plans, delineations, calculations, declaration of covenants and place required notations on the site plan as required by the City Code or the city zoning ordinance.
Sec. 35.1-11. Fees.
(A) Site plan review fees. At the time any site plan is submitted for review, the following fees shall be submitted to the city agent and payable to the "City of Hampton":
(1) Three hundred fifty dollars ($350.00) for the first acre (or portion thereof) contained in the site, plus one hundred fifty dollars ($150.00) per acre of the site (or portion thereof) in excess of one (1) acre.
(2) An additional fee of two hundred dollars ($200.00) shall be collected for any review after the first re-submission, except for resubmittals that are the result of redesign due to additional state or federal agency comments.
(B) Permit, inspection and re-inspection fees. At the time of installation of any public improvements, permit and inspection fees shall be required as set forth in section 35.1-103(B) of this chapter and in other ordinances of the city. For permits and inspections not specified elsewhere, fees shall be based on costs, as determined by the agency involved. For re-inspections made necessary (i) by failure to pass earlier inspection, (ii) because work is not ready by the requested inspection time, (iii) due to cancelation of an inspection by the owner or developer after the inspector arrives, or (iv) failure to provide safe and sufficient access to allow for proper inspection, the re-inspection fee shall be one hundred dollars ($100.00) per re-inspection visit. All fees required by this chapter shall be payable to the City of Hampton within thirty (30) days after billing. Failure to pay within the period stipulated may result in a stop-work order issued by the department of public works or such other action as deemed warranted under the circumstances of the case.
(C) Separate private easements; private dedication deeds/plats. When separate private easements or private dedication deeds or plats are submitted a review fee shall be required in the amount of fifty dollars ($50.00) per instrument, payable to the City of Hampton.
(D) Revised site plan. If an owner or developer, at any time during the site plan review, submits a revised site plan or portion thereof, files or makes a change to the site plan or public improvement plan under review not at the request of the city agent or the director of public works as the case may be, such revision shall be accompanied by a fee of one hundred dollars ($100.00) per sheet that is revised or changed payable to the City of Hampton.
(E) Recording fees. Recording fees for any legal instrument required under this chapter for site plans shall be submitted to the city agent at the time prescribed in this section or in this chapter and shall be made payable to the Clerk of the Hampton Circuit Court.
Sec. 35.1-12. Maintenance of improvements and landscaping required.
Maintenance of all site improvements, including landscaping, required by this chapter and shown on an approved site plan shall be perpetually maintained by the property owner.
Sec. 35.1-13. Off-site public facilities.
The owner or developer shall install or modify off-site public facilities, such as utilities, sidewalks, curb and gutter, storm drainage facilities, and stormwater management facilities when such improvements are affected or required by the proposed development and pursuant to the authority of and in accordance with the requirements of the Code of Virginia, 1950, as amended, or any other applicable provisions of the City Code or the zoning ordinance.
Sec. 35.1-14. Dedication of on-site easements, rights-of-way.
The owner or developer shall dedicate to the city adequate rights-of-way, easements and/or additional areas to increase existing or establish new rights-of-way or easements when it is determined that: (i) there is a mutual desire on the part of the owner or developer and the city to install public facilities on the site; (ii) public facilities are presently located or partially located on the site; (iii) storm drainage systems (manmade or natural) that convey stormwater from public rights-of-way or public drainage systems are located or partially located on the site; or (iv) on-site public facilities are required to meet the provisions of this chapter or other city ordinances or policies. Easements for utilities, sewer and drainage when required shall be at least ten (10) feet wide. The director of public works may require a statement on the site plan indicating that no permanent structures (including fences) may be placed in a public easement.
Sec. 35.1-15. Separability.
Should any section or provision of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, other than the part so declared to be unconstitutional or invalid.
Secs. 35.1-16-35.1-19. Reserved.
The ordinance language in full can be found in the package "Clean Language".