Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 9, Entitled "Overlay Districts", to Amend Article II, Entitled "O-CBP - Chesapeake Bay Preservation Overlay", to Update and Correct Cross-References to the Stormwater Management and Erosion Control Ordinance
Purpose
Background Statement:
The proposed amendment corrects and updates references in the Chesapeake Bay Preservation Overlay (O-CBP) District of the Zoning Ordinance to the Stormwater Management and Erosion Control ordinance (the “SMEC ordinance”). On September 11, 2024, City Council adopted the SMEC ordinance as Chapter 33.3 of the Hampton City Code. The SMEC ordinance constitutes a repeal and consolidation of former City Code Chapters 13.1 – Land Disturbing Operations and 33.2 – Stormwater Management. This consolidation was mandated by the State Water Control Board after they approved and adopted the Virginia Erosion and Stormwater Management Regulation at their June 22, 2023 meeting. As a result, the current cross-references in the Chesapeake Bay Preservation Overlay of the Zoning Ordinance to former City Code Chapters 13.1 and 33.2 are in need of correction to new City Code Chapter 33.3.
Recommendations:
Rec
Staff Recommendation:
Approval
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 Article II of Chapter 9 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
Chapter 9 – OVERLAY DISTRICTS
. . .
ARTICLE II. – O-CBP DISTRICT – CHESAPEAKE BAY PRESERVATION OVERLAY
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Sec. 9-13. – General regulations for development, redevelopment, and land disturbing in all subdistricts.
All development, redevelopment, and land disturbing within all O-CBP subdistricts shall be governed by the following general requirements:
(1) No more land shall be disturbed than is necessary. Such land disturbance shall be allowed only to provide a building site, necessary parking, necessary access, positive site drainage, stormwater best management practices (BMPs), and the installation of utilities, as approved by the zoning administrator or the director of public works, as appropriate. Any land disturbance exceeding two thousand, five hundred (2,500) square feet:
(a) Shall comply with the requirements of the land disturbance ordinance as set forth in article III of chapter 33.3 of the city code.
(b) Shall comply with the requirements of the erosion and sediment control ordinance as set forth in article III of chapter 33.3 of the city code.
(c) Shall comply with the requirements of the stormwater ordinance as set forth in article II of chapter 33.3 of the city code.
. . .
Sec. 9-14. – Specific regulations for development, redevelopment, and land disturbing in the RPA.
All development, redevelopment, and land disturbing within the RPA shall be governed by the following:
. . .
(2) Permitted encroachments in the RPA. Land development, redevelopment, and land disturbing may be allowed in the RPA only if it is one or more of the following permitted encroachments. If all applicable requirements set forth in this subsection are not satisfied, an exception request in accordance with subsection 9-19(1) shall be required. Such permitted encroachments include:
. . .
(f) Flood control or stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in RPAs provided such facilities are allowed and constructed in accordance with the Virginia Stormwater Management Act and its attendant regulations, and that satisfy the following:
. . .
(iii) The facility must be consistent with a comprehensive stormwater management plan developed and approved in accordance with article II of chapter 33.3 of the city code;
. . .
(3) Required mitigation in the RPA. All permitted development, redevelopment, and land disturbing in the RPA that results in new impervious area or removal of indigenous vegetation shall provide mitigation consistent with the requirements of a minor water quality impact assessment unless a major water quality impact assessment is required by subsection 9-19(1).
(a) A structure encroachment permit as described in article II of chapter 33.3 of the city code is required for any structure or impervious area in the RPA buffer area.
. . .
Sec. 9-15. – Specific regulations for development, redevelopment, and land disturbing in the IDA.
All development, redevelopment, and land disturbing within the IDA shall be governed by the following:
. . .
(3) Required mitigation in the IDA. All permitted development and redevelopment within the IDA that results in new impervious area or removal of indigenous vegetation shall provide mitigation consistent with the requirements of a minor water quality impact assessment unless a major water quality impact assessment is required by subsection 9-19(1).
(a) A structure encroachment permit as described in article II of chapter 33.3 of the city code is required for any structure or impervious area in the IDA.
. . .
Sec. 9-18. – Plan requirements.
(1) Required submittals for development and redevelopment in all O-CBP subdistricts:
(a) A plan of development consistent with ch. 1, section 1-7 or section 1-8 of the zoning ordinance, supplemented with a resource delineation. The resource delineation shall be submitted to the city for review, which may include physical verification of such findings on the site.
(b) Other plans as may be required by ch. 33.3 or other applicable sections of the city code.
. . .
Sec. 9-19. – Exceptions, exemptions, and nonconformities.
. . .
(2) Exemptions. The following types of development are exempt from the requirements of this chapter:
. . .
(b) City of Hampton or regional service authority or public utility including electric, natural gas, fiber-optic, telephone transmission lines, water, sewer, and underground telecommunications and cable television lines provided that:
. . .
(iv) Any land disturbance exceeding an area of two thousand, five hundred (2,500) square feet complies with all erosion and sediment control requirements in accordance with article III of chapter 33.3 of the Hampton City Code.
. . .
(3) Nonconformities.
. . .
(b) Such development waiver may be issued by the zoning administrator provided that:
. . .
(iii) Any development or land disturbance exceeding two thousand, five hundred (2,500) square feet in area shall comply with the provisions of article III of chapter 33.3 of the Hampton City Code;
. . .
Sec. 9-20. – Reserved.