Title
Ordinance to Amend and Re-enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 14, Article I, Sections 14-9 and 14-11, Entitled “Violation and Revocation of Use Permit,” To Update Procedures Governing the Revocation of Use Permits
Purpose
Background Statement:
An amendment of Section 14-9 authorizing the inclusion of permit revocation action when the City Council reviews a use permit and determines that its terms and/or conditions have not been met on a sustained basis. This additional enforcement measure provides direction and clarity regarding the actions available to the City Council during the review process. The revocation process equips the City Council with a mechanism to address situations in which noncompliance may adversely affect the public heath, safety, and general welfare, thereby helping to ensure continued adherence to approved permit conditions when warranted. By improving ordinance clarity and predictability for business owners, staff, and the public, the City can reduce interpretation disputes, support compatible economic activity, and maintain appropriate zoning controls consistent with public necessity, convenience, general welfare, and good zoning practice.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 14-9, “Re-Filing of a Use Permit Application After Denial,” To Provide That No Use Permit May Be Issued Within On Year of Revocation.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Sections 14-9 and 14-11 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 14 - REVIEWS BY THE PLANNING COMMISSION AND CITY COUNCIL
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Section 14-9. - Re-filing of a use permit application upon denial or revocation.
No application for a use permit shall be accepted within one (1) year of denial by the city council of a use permit application concerning substantially the same use on substantially the same land.
If any use permit is revoked by the city council, the holder of that permit may not seek a use permit for substantially the same use on substantially the same land until one (1) year after the date of such revocation. A “holder” of a permit for this purpose is the natural person or business entity in whose name the permit was issued, and any member, manager, officer, or general partner of such a business entity
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Section 14-11. - Violation and revocation of a use permit.
The city council may revoke a use permit, after notice and hearing as set forth in section 15.2-2204 of the Virginia Code, as amended, for any violation of a term or condition thereof or repeated or continuing violations of the city zoning ordinance or city code, failure to comply with approved plans, and/or when false, fraudulent, or misleading information is supplied by the applicant. The city council may consider a possible revocation directly and without prior recommendation from the Planning Commission upon fifteen (15) days’ written notice to the owner of the subject property prior to the public hearing.