Title
Ordinance to Amend and Re-Enact Chapter 9 of the Zoning Ordinance of the City of Hampton, Virginia Entitled “Overlay Districts” by Amending Article 2, Entitled “O-CBP District - Chesapeake Bay Preservation Overlay”
Purpose
Background Statement:
The Chesapeake Bay Preservation Act was enacted by the Virginia General Assembly in 1988 as an element of Virginia’s effort to manage water pollution. The purpose of the Bay Act is to improve water quality through land use planning practices that balance economic development and water quality protection. Each Tidewater locality must develop a water quality preservation program that meets the requirements of the Act and associated regulations. In 2016, Hampton’s program was reviewed by the Virginia Department of Environmental Quality (DEQ) and determined be in compliance with the Bay Act. Out of the review process and in pursuit of a longer-term goal to update aspects of the O-CBP District, staff has drafted a proposal to reorganize and “streamline” the ordinance to make the program more effective and easier to use for both staff and the public.
The three most prominent proposed changes to the ordinance are (1) transferring responsibility for review of exceptions to the ordinance requirements from the existing Chesapeake Bay Review Committee to the Board of Zoning Appeals; (2) creating a new requirement to provide a “special green area” to be located between primary structures and the Resource Protection Area (RPA) buffer or Intensely Developed Area (IDA); and (3) maximizing the number of decisions that can be made administratively by staff, including review of “permitted encroachments” into the RPA buffer.
The shift in responsibility for exception reviews from the Chesapeake Bay Review Committee (largely made up of city staff) to the Board of Zoning Appeals (a citizen appointed body) is intended to eliminate conflicts in the existing review process, and place this duty with an existing board that is already stru...
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