Title
Zoning Ordinance Amendment to amend and re-enact Chapter 9 of the Zoning Ordinance of Hampton, Virginia Entitled “Overlay Districts” by amending Article 5 - Infill Housing Overlay by creating an exemption for older beach house development in Buckroe and Grandview Island
Purpose
Background Statement:
BRIEF BACKGROUND:
The Infill Housing Overlay (O-IH) was adopted to assure reasonable conformance with the scale and development patterns of existing neighborhoods where existing lot size is smaller than the minimum required by the zoning district applied to that property. The vast majority of such lots exist in Hampton’s older and historic neighborhoods, which were often developed in a regular block pattern and prior to the existence of zoning.
However, it has come to staff’s attention that these standards are not appropriate when applied to legally nonconforming lots at the bay front along North 1st Street as well as the older section of Grandview Island, which includes properties both east of State Park Drive and north of Beach Road. While there are numerous places in the city with waterfront residential development, this section is unique in the conflicts created between other city, state, and federal requirements and the requirements of the Infill Housing Overlay. Laws intended to protect dunes and limit or mitigate potential damage from flooding have changed over time. While the Infill Housing Overlay limits the height of homes to twenty-five feet and two stories, other regulations require homes to be elevated via pilings, often leading to the first habitable floor being a full story off of the ground. Given this type of construction, it is also common for parking to occur under the home, which makes the requirement to set the garage back superfluous. Additionally, newer regulations will not permit homes to be built in line with existing homes as dune regulations push new construction away from the beach and closer to the street than in the past. Lastly, the character and scale of homes on these older lots is quite different than that in other older sections of the city.
Given the unique nature of this area of the city, staff recommends amending the Infill Housing Overlay to exclude the properties on the east side of North 1st Street north of Pilot Avenue to the northern terminus of North 1st Street.
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 chapter 9 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
ARTICLE 5 - O-IH DISTRICT - INFILL HOUSING OVERLAY
Sec. 9-41. Intent.
The purpose of this article is to ensure that new housing construction on legally platted substandard lots is developed in a manner that maintains the scale and visual character of existing single-family homes in the surrounding area. The zoning ordinance requires a minimum dwelling area, lot frontage, and lot area for newly constructed single-family homes based on the underlying zoning district. In many of the older neighborhoods in the city, existing lot size and dwelling sizes are well below these minimums, primarily because the lot existed prior to the regulation of the Zoning Ordinance. In this instance, it is vital to protect neighborhoods by ensuring that new development is compatible with existing development patterns of the neighborhood. To address these occurrences, the Infill Housing Overlay District (O-IH) permits a by-right reduction from the underlying zoning district in terms of lot frontage and/or lot area on infill lots provided that the proposed development meet the standards set forth in this ordinance. This method promotes quality development in the City by allowing development provided that specific development criteria are met.
Sec. 9-42. Application and boundaries.
The O-IH district shall apply to all infill lots located in R-8, R-9, R-11, and R-13 zoning districts that are determined to be substandard lots, as defined by the zoning ordinance. However, recognizing the unique coastal character, development pattern, and limitations on development of individual properties which are affected by numerous local, state, and federal environmental regulations, the following areas are excluded from this district:
(1) Those properties located east of North 1st Street between Pilot Avenue on the southern end and the northern terminus of North 1st Street at the northern end.
(2) Those properties located east of State Park Drive between Beach Road on the southern end and the Grandview Nature Preserve at the northern end.
The district shall act as an overlay district, augmenting rather than replacing the underlying zoning district. All regulations of the underlying zoning district shall apply except as modified by the regulations for the O-IH.