Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia, Chapter 14, Entitled "Reviews by the Planning Commission and City Council," Article I, Section 14-12 Entitled "Expiration of a Use Permit," to Amend the Procedure for Establishing the Expiration of a Use Permit
Purpose
Background Statement:
This Zoning Ordinance amendment is proposed to allow flexibility regarding the period of validity of a Use Permit. As the ordinance is currently written, there is no discretion for city staff, Planning Commission, or City Council to alter the time frames or events that trigger the automatic expiration of a Use Permit. While the current triggers and timelines may be appropriate in many cases (e.g., establishment of a restaurant use), they are often challenging or unrealistic for projects that require large scale, or multi-phase new construction (e.g., development of new multifamily building or community).
To maintain the intent of this section, which is to encourage developments to reach completion in a timely manner, but also to allow flexibility in appropriate cases, the amendment maintains the current expiration triggers as the default rule, allowing the them to be modified in appropriate cases through the Use Permit conditions. In addition, the proposed amendment omits extraneous language from subsection 3 of the existing ordinance, because that language is internally inconsistent with the remaining portion of subsection 3, thereby causing ambiguity, and is otherwise unnecessary.
Recommendations:
Rec
Staff 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 Article I, Section 14-12 of Chapter 14 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
Chapter 14 - REVIEWS BY THE PLANNING COMMISSION AND CITY COUNCIL
ARTIC...
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