File #: 24-0014    Version: 1 Name: ZOA - Ch 6 C-1 Outdoor Uses
Type: Zoning Ordinance - Text Status: Passed
File created: 12/20/2023 In control: City Council Legislative Session
On agenda: 2/14/2024 Final action: 2/14/2024
Title: Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 6, Article I, Section 6-2 Entitled, “Development Standards in General” to Permit Outdoor Dining and Outdoor Play Areas Associated with Day Care 1, Commercial and Day Care 2, Commercial Uses in the Neighborhood Commercial (C-1) District
Attachments: 1. Staff Report, 2. Red Line Ordinance, 3. Presentation Reference
Related files: 24-0013, 24-0016, 24-0015
Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 6, Article I, Section 6-2 Entitled, “Development Standards in General” to Permit Outdoor Dining and Outdoor Play Areas Associated with Day Care 1, Commercial and Day Care 2, Commercial Uses in the Neighborhood Commercial (C-1) District

Purpose
Background Statement:
The proposed amendment seeks to authorize outdoor dining and any outdoor play area associated with a day care center as a permitted outdoor use in the Neighborhood Commercial (C-1) district, if approved. Currently, the uses that are allowed to function wholly or partially outdoors include food truck host sites, gas supply stations, and parking lots; this amendment aims to add both outdoor dining and outdoor play areas associated with a day care center to that list.

For “day care 1, commercial” uses, this proposed amendment in conjunction with Zoning Ordinance Amendment No. 24-0013, aims to permit outdoor play areas associated with ”day care 1, commercial” uses, subject to additional standards. Currently, any day care center operating in the C-1 district is not permitted to have an outdoor play area. This limitation contradicts the standards set by the Virginia Department of Education (VDOE), which mandates outdoor activity for toddlers and preschoolers as part of daily activities in licensed child day care centers. The required amount of outdoor activity varies based on the operational characteristics of the day care center. See 8VAC20-780-310(F); 8VAC20-780-380(A); 8VAC20-780-390(B).

Allowing day cares as permitted outdoor uses within the C-1 district could increase access to child care services to the City of Hampton. This step forward acknowledges the evolving nature of childcare practices, aligning local regulations with broader educational and developmental standards. Furthermore, this amendment could contribute to the overall well-being and development of young children, fostering...

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