Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Sections 3-2 Entitled, “Table of Uses Permitted” and Section 3-3 Entitled, “Additional Standards on Uses,” to Modify Where and How Multifamily Dwellings and Upper-Floor Dwelling Units are Permitted
Purpose
Background Statement:
This amendment is accompanied by a separate, related amendment to Chapter 2, which includes new definitions and removal of another definition to clarify the proposed changes in this amendment.
City Council directed staff to review how and where multifamily development occurs within the City of Hampton, and how zoning regulations could better align with City priorities and policies for multifamily housing. Staff reviewed the existing regulations and identified areas where the City envisions greater density and to improve development standards for those areas where multifamily development would be permitted by-right. For areas without those standards the regulations would require a use permit application for consideration of the merits of the project on an individual basis.
This amendment would modify two existing uses in our “Table of Uses Permitted”, ‘upper-floor dwelling unit’ and ‘multifamily dwelling’, altering where and how the uses are permitted. Both uses also have additional standards related to how they are permitted.
The ‘upper-floor dwelling units’ use is currently permitted in two of the Downtown Districts and all three of the Phoebus Districts by right, as well as in the Limited Commercial (C-2) District with an approved use permit. This amendment proposes expanding the use to the Buckroe Bayfront special districts of BB-3, BB-4, and BB-5 and the Fort Monroe special districts of FM-2 and FM-3. This expansion is in keeping with the vision of the area and in places where the mixture of multifamily and commercial uses are permitted at a larger scale than the four unit limit defining ‘upper-floor dwelling unit’ as proposed. In this chapter, staff also proposes updating the additional standards to modernize the phrasing and organization, as well as remove the list of excluded uses related to the C-2 district. Staff determined that the list was not exhaustive nor up-to-date, would require continual updating in the future, and given that the use requires a use permit to proceed within the C-2 district, a reasonable condition attached to the use permit would relate to prohibited uses, making use of the current ordinance, plans, policies, and site specific conditions at that time.
The ‘multifamily dwelling’ use is proposed to be updated to require a use permit in all districts it is currently permitted by-right, with the exception of specific districts where adopted plans encourage focusing multifamily development and additional standards either exist or will exist with the adoption of this amendment. In the Buckroe Bayfront and Phoebus special districts where multifamily is currently permitted, it will remain by-right. Within the Downtown special districts, the use is being modified to remain by-right if the development meets a set of new additional standards, and if the standards are not met, a use permit may be sought.
These changes will better enable the City of Hampton to adequately, carefully, and consistently identify and regulate these residential-related uses and terms.
One speaker signed up for this item at the Planning Commission public hearing but declined to add anything, as she had submitted the letter of support included as an attachment in this item.
Recommendations:
Rec
Staff Recommendation:
Approve
Planning Commission Recommendation:
Approve
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 Sections 3-2 and 3-3 of the Zoning Ordinance of the City of Hampton, Virginia, be amended to read as follows:
CHAPTER 3 - USES PERMITTED
Sec. 3-2. Table of uses permitted.
(a) Table of Uses Permitted in Standard Zoning Districts.
[See attached use table for changes.]
(b) Table of Uses Permitted in Special Zoning Districts.
[See attached use table for changes.]
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Section 3-3. - Additional standards on uses.
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(5) Upper-floor dwelling units in the C-2, BB-3, BB-4, BB-5, DT-1, DT-2, PH-1, PH-2, and PH-3 districts shall comply with the following minimum conditions:.
(a) In the C-2 district, upper-floor dwelling units, with an approved use permit, may be located above permitted C-2 uses when the following additional standards are met:
(i) Residential uses may not be combined with any other use on the same floor.
(ii) Residential uses may not be located on the pedestrian level and must have at least one (1) separate exterior entrance.
(iii) No non-residential uses shall be located on any floor above a residential use. Notwithstanding the foregoing, outdoor dining shall be permitted when associated with a ground floor restaurant in the same building, provided it is located on a rooftop and subject to securing an outdoor dining permit as applicable.
(iv) Development shall conform with development standards and setbacks for all uses other than townhouses and multiple dwellings within the C-2 district as listed within Sections 6-12 and 6-14, as amended.
(v) Each residential dwelling unit shall have adequate light by providing at least two exterior walls with at least one window in each exterior wall.
(b) In the BB-3, BB-4, BB-5, DT-1, DT-2, PH-1, PH-2, PH-3, FM-2, and FM-3 districts, structures with upper-floor dwelling units shall be permitted by-right with the following minimum standards:
(i) Residential uses may not be combined with any other use on the same floor.
(ii) Residential uses may not be located on the pedestrian level and must have at least one (1) separate exterior entrance.
(iii) No non-residential uses shall be located on any floor above a residential use. Notwithstanding the foregoing, outdoor dining shall be permitted when associated with a ground floor restaurant in the same building, provided it is located on a rooftop and subject to securing an outdoor dining permit as applicable
(iv) Each residential dwelling unit shall have adequate light by providing at least two exterior walls with at least one window in each exterior wall.
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(42) Multifamily dwelling in MD-2, MD-3, MD-4, R-M, C-2, RT-1, DT-1, DT-2, and DT-3 districts are shall comply with the following:
(a) In the MD-2, MD-3, MD-4, R-M, C-2, RT-1 districts, the use permit requirement shall not apply to buildings and structures used as multifamily dwellings if they were legally established on February 10, 2021 or to those for which a significant affirmative governmental act, as defined by section 15.2-2307 of the Code of Virginia, as amended, has been obtained and remains in effect as of February 10, 2021, which allows development of the specific project, including but not limited to, having obtained an approved site plan for the building or structure. Such buildings and structures shall be grandfathered and considered permitted uses-as opposed to legal nonconforming uses-as long as the multifamily use continues and the buildings or structures remain in their then structural condition. The requirements of this section shall apply, however, to any alterations of such buildings or structures in a manner not approved prior to February 10, 2021, and upon the cessation of the multifamily use for a period longer than two (2) years.
(b) In the DT-1, DT-2, and DT-3 districts, the following additional standards shall be required. In the event of a mixed-use development proposal involving a multifamily dwelling use, the requirements for multifamily dwellings shall supersede any conflicting standards that apply more generally to the development.
(i) The standards in this subsection (b) shall not apply to buildings and structures used as multifamily dwellings if they were legally established on February 10, 2021 or to those for which a significant affirmative governmental act, as defined by section 15.2-2307 of the Code of Virginia, as amended, has been obtained and remains in effect as of February 10, 2021, which allows development of the specific project, including but not limited to, having obtained an approved site plan for the building or structure. Such buildings and structures shall be grandfathered and considered permitted uses-as opposed to legal nonconforming uses-as long as the multifamily use continues and the buildings or structures remain in their then structural condition. The requirements of this section shall apply, however, to any alterations of such buildings or structures in a manner not approved prior to February 10, 2021, and upon the cessation of the multifamily use for a period longer than two (2) years.
(ii) The minimum residential development density shall be thirty (30) units per buildable acre.
(iii) The primary entrance for all multifamily dwelling buildings abutting any public street shall face a public street. The primary entrance is not permitted from the parking area or alley.
(iv) Off-street parking shall be prohibited in the front yard.
(v) There shall be a fifteen (15) foot deep façade zone along the front lot line. Ninety (90) percent of the length of the façade zone shall be occupied by the multifamily dwelling building, except that required drive aisle(s) with associated sidewalks to access required off-street parking areas shall not be counted toward this percentage.
(vi) A minimum of twenty (20) percent of the first floor street-adjacent building façades shall be comprised of glass windows and/or glass doors.
(vii) There shall be at least one first floor window on all façades of all buildings containing residential dwelling units.
(viii) All buildings containing residential dwelling units shall be a minimum of two (2) stories.
(ix) The minimum ceiling height of the first floor of a building containing residential dwelling units shall be ten (10) feet.
(x) For any building with residential dwelling area on the ground floor and which faces a public right-of-way, the first finished floor of the dwellings shall be a minimum of thirty six (36) inches above the grade of the public sidewalk at the primary entrance to the building.
(xi) Sixty (60) percent of all residential dwelling units part of the development shall have access to an open space amenity either in the form of individual space for the unit’s use, or shared common space which is sized in such a way to accommodate all of the required units as further described below. In the event that the requirement causes a fraction of a unit, the requirement shall be rounded up to the nearest whole number.
(aa) Individual open space amenities shall have a minimum dimension of four (4) feet by six (6) feet.
(bb) Shared common space may only be used as an open space amenity when accommodating more than four (4) units. Such shared common space must be sized to provide at least sixteen (16) square feet per each unit. The shared common space shall have a minimum dimension of eight (8) by eight (8) feet.
(xii) When the development has fifty (50) or more residential dwelling units, at least one (1) of the following active recreation amenities shall be provided on the same lot: swimming pool, clubhouse or similar common room, lighted tennis court, lighted basketball court, shuffleboard area, dock, pier, boat ramp, dog park, or other similar active recreation amenity as approved by the Zoning Administrator. The amenity required by this subsection shall not be counted towards the requirement of Section 3-3(42)(b)(xi).
(c) Multifamily dwellings which do not meet the by-right optional incentive standards set forth under subsection (b) are subject to obtaining a use permit. When considering a use permit, the city will follow the criteria for use permit review set forth in chapter 14, as amended, in order to determine suitability of the development for the proposed location.
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[The attached Tables, entitled, "Table of Uses Permitted - Standard districts" and "Table of Uses Permitted - Special districts" are hereby declared to be a part of this ordinance as if fully set forth herein.]