Title
Ordinance To Amend And Re-Enact Chapter 3 Sections 3-1, 3-2, and 3-3 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Uses Permitted” By Amending Section 3-1 Pertaining To Uses Permitted In General, Section 3-2 Table of Uses Permitted, and Section 3-3 Additional Standards for Storage Facilities
Purpose
Background Statement:
This proposal would add Storage Facility 1 and Storage Facility 2 to the use table, as well as change the current "storage facility" to Storage Facility 3. Additionally, this amendment would add to the intent statement of Chapter 3 Section 3-1 a discription of the purpose of the categories of uses, such as “Residential - 1, 2 & Multifamily” and “Retail Sales, Services & Office”, within the Use Table. In providing purpose to the categories, any reference of the categories in other parts of the ordinance or contemplation of zoning matters becomes more legally defensible.
This amendment also includes changes that affect the future physical development and land use in the City of Hampton. As the Commission and City Council are well aware, in recent years, development of self-storage facilities has taken a new shape. Modern facilities have come to look much more like an office building than the single story, scattered warehouse self-storage facilities of decades past. In two cases, the E-Commerce Center and Gunsmoke, we have seen facilities incorporate an element of mixed-use. Understanding that form and mixture of uses are essential elements in determining the right location for development and supporting the type of environment the envisioned for different parts of the city, staff brings forward this amendment to create four types of self-storage.
If adopted the City would add Storage Facility 1, which is wholly enclosed and requires mixed-use within the building that addresses the street, is appropriate in the most districts, including areas intended for more active commercial areas, and Storage Facility 2, which is more suburban and appropriate as an element of a commercial center but not designed and included in a mixed-use environment in a way that would make it appropriate at the street front. The current “storage facility” would be changed to Storage Facility 3 in the use table. Additional standards would be added for Storage Facility 1 and Storage Facility 2 uses. Based on staff’s research and analysis of self-storage facilities, the additional standards are consistent with regional standards and the cities of Raleigh and Charlotte as it pertains to encouraging a mixed-use component and activating the street presence.
Approval of this amendment would add Storage Facility 1 to the following districts as a permitted by-right use subject to additional standards: Limited Commercial (C-2) District, General Commercial (C-3) District, Limited Manufacturing (M-1) District subject to securing a use permit, Light Manufacturing (M-2) District, and Heavy Manufacturing (M-3) District. Approval of this amendment would add Storage Facility 2 to the: Limited Commercial (C-2) District, General Commercial (C-3) District, and Limited Manufacturing (M-1) District, to the use table to allow the use with an approved use permit. Storage Facility 2 would also be added to Light Manufacturing (M-2) and Heavy Manufacturing (M-3) Districts to the use table as a permitted use subject to additional standards. Storage Facility 3 always requires a use permit. The purpose of permitting certain types of storage facilities by-right while others require a use permit is to both encourage greater mixed-use, which makes more efficient use of land and provides opportunities for greater commercial activity, and that each successive type of storage facility (meaning going up from 1 to 2 to 3) is more likely to have site specific considerations that need to be addressed to ensure it is developed in a way that is compatible with the surrounding environment and the City’s adopted policies.
This Zoning Ordinance Amendment is proposed in conjunction with Zoning Ordinance Amendments 19-00005 (Granicus File #19-0259) Definitions and 19-00007 (Granicus File #19-0263) Prohibited Uses - O-Coliseum Central.
Recommendations:
Rec
Staff Recommendation:
Approve with amended language
Planning Commission Recommendation:
Approve with amended language
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, Sections 3-1, 3-2, and 3-3 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
CHAPTER 3 - USES PERMITTED
Sec. 3-1. - Uses permitted, in general.
Ordinance To Amend And Re-Enact Chapter 3 Section 3-1 Of The Zoning Ordinance Of The City Of Hampton, Virginia Entitled “Definitions” By Amending Section 3-1 Pertaining To Uses Permitted, In General.
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:
Section 3-1. - Uses permitted, in general.
. . . .
The following table identifies uses that are permitted within each zoning district. The uses are grouped by type: Residential - 1, 2 & Multifamily, Group Living, Retail Sales, Services & Office, Institutional, Recreational, Agricultural & Animal-Related, Industrial, Utilities & Transportation, And Other. If a use is not listed, it is not permitted within the district unless the zoning administrator interprets the use to be substantially similar to one (1) of the uses listed. Uses may be permitted by-right (P), conditionally with a use permit (UP), by planning commission action (PC), by special exception (SX) or by zoning administrator action (ZA). Uses not permitted are blank. Uses which have additional standards are denoted by an asterisk (*) with reference to the specific section of the zoning ordinance which contains said standards.
…
Sec. 3-2. - Table of uses permitted.
…
[The attached Table, entitled, "Use Table" is hereby declared to be a part of this ordinance as if fully set forth herein.]
Sec. 3-3. - Additional Standards on uses.
The following uses have additional standards:
(1) One-family detached dwelling.
…
(52) Storage Facility 1
1. The building shall be mixed-used as follows:
A. Mixed-use shall include two (2) or more land uses within a building as defined by the following use groups identified in Sec. 3-2 Table of Uses Permitted: Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional; Recreational; and/or Industrial, and as permitted by the governing zoning district. The storage facility shall not be counted towards the two (2) or more uses. Two (2) or more uses, other than storage facility, must be established (as evidenced by an issued Certificate of Occupancy) prior to the issuance of a Certificate of Occupancy for the storage facility.
B. No storage units shall be located on the ground floor; however, a maximum of thirty (30) percent of the ground floor area may be used as storage related office and/or retail space.
2. The storage of flammable, perishable, or hazardous materials or the keeping of animals shall be prohibited.
3. Loading docks, loading bays, or loading entrances shall not be located on the right-of-way facing side(s) of the building. This does not include the main entrance to the rental office and/or related retail space.
(53) Storage Facility 2
1. The building and/or the parcel shall be mixed-used as follows:
A. Mixed-use shall mean two (2) or more land uses within a building, parcel, and/or shopping center as defined by the following use groups identified in Sec. 3-2 Table of Uses Permitted: Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional; Recreational; and/or Industrial, and as permitted by the governing zoning district. The storage facility shall not be counted towards the two (2) or more uses. Two (2) or more uses, other than storage facility, must be established (as evidenced by an issued Certificate of Occupancy) prior to the issuance of a Certificate of Occupancy for the storage facility; and
B. For mixed-use within one building, at least fifty (50) percent of the ground floor of the building shall be a use from Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional, Recreational, and/or Industrial. Such use shall be located in the portion of the building that is closest to and visible from the nearest public right-of-way. The storage facility shall not be counted towards the two (2) or more uses; or
C. For mixed-use on a parcel or shopping center, the front yard shall be defined by the right-of-way higher in the streets hierarchy as designated in the City of Hampton Department of Public Works Utility Policy. The building setback shall be a minimum of two-hundred (200’) feet from the right-of-way.
2. The storage of flammable, perishable, or hazardous materials or the keeping of animals shall be prohibited.
3. Loading docks, loading bays, loading entrances or individual unit entrances shall not be located on the right-of-way side(s) of the building.