File #: 18-0083    Version: 1 Name: ZOA 17-00010 BnB Use Table
Type: Zoning Ordinance - Text Status: Passed
File created: 2/13/2018 In control: City Council Legislative Session
On agenda: 3/14/2018 Final action: 3/14/2018
Title: Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 3-2 Entitled “Uses Permitted” To Add Two Categories of Bed and Breakfast to the Table of Uses Permitted
Indexes: , Economic Vitality
Attachments: 1. Redline Text, 2. Redline Use Table, 3. Clean Use Table, 4. PC Resolution, 5. Presentation
Related files: 18-0081, 18-0085, 22-0323, 22-0322

Title

Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 3-2 Entitled “Uses Permitted” To Add Two Categories of Bed and Breakfast to the Table of Uses Permitted

 

Purpose

Background Statement:

The Use Table is located in Chapter 3 of the Zoning ordinance; bed and breakfast is currently a listed use. If approved, this amendment would strike bed and breakfast and replace it with bed and breakfast 1 and bed and breakfast 2. These two replacement uses would be allowed in all of the same districts as bed and breakfasts are currently. A use permit would be required for both bed and breakfast 1 and bed and breakfast 2 in all districts except FM-4. This is in keeping with the current use table for bed and breakfasts, with one change. Currently, bed and breakfasts are allowed by-right in PH-1, and staff recommends this change to requiring a use permit to bring it in-line with the other districts. The use permit process allows staff an opportunity to more closely review individual applications, as there can be significant difference between bed and breakfasts, particularly if the option to hold events is requested. 

 

Compared to other districts that permit bed and breakfasts, FM-4 is quite unique.  It is one of the Fort Monroe Districts.  These districts were established with a concerted effort between the City and the Fort Monroe Authority.  Given the fact that the City’s zoning ordinance does not apply to property on Fort Monroe so long as it is controlled by the State or Federal government, the added layer of review provided by the Fort Monroe Authority, isolated nature of the Fort, and the extensive process in coming to agreement on the current zoning regulations, staff finds it prudent to leave FM-4 unchanged for the time being. 

 

Fundamentally, the proposed change is to create two types of bed and breakfasts; those that operate solely as a relatively small place to sleep and eat, and those that also provide an event venue.  The purpose in creating the distinction is to permit places that are appropriate for such even spaces to operate while protecting neighborhoods from this additional layer of activity where it is not appropriate.

 

 

Recommendations:

Rec

Staff Recommendation:

Approve ZOA 17-00010

 

Planning Commission Recommendation:

Approve ZOA 17-00010

 

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 3 of the Zoning Ordinance of the City of Hampton, Virginia, be amended to read as follows:

 

CHAPTER 3 - USES PERMITTED

Sec. 3-2.                     Table of uses permitted.

[See attached use table for changes.]

The attached Table entitled, "TABLE OF USES PERMITTED - CITY OF HAMPTON ZONING ORDINANCE" is hereby declared to be a part of this ordinance as if fully set forth herein.