Title
Ordinance to Amend and Reenact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 9 Article IV Entitled “O-FZ District - Flood Zone Overlay” Pertaining to Permit and Application Requirements in Flood Zones and Definitions
Purpose
Background Statement:
The City of Hampton underwent a FEMA Community Assistance Visit in November of 2015. FEMA noted a “serious finding” as a result of the visit, stating that Hampton needed to “enforce permitting requirements for all development in the Special Flood Hazard area”. This would have required a permit for small projects such as painting a wall in a house or replacing a light switch or installing a mailbox. Following this determination, which Hampton took great exception to, we worked along with the Hampton Roads Planning District Commission (HRPDC) and our 16 neighboring jurisdictions to develop a reasonable approach to the permitting issue. Approval of this amendment would allow the review, in advance, of small projects so as to not require individual permits; the addition of the definition would clarify a previously undefined term.
Out of many months of discussion and back-and-forth among all of the stakeholders, a RAD (Review, Assess, Document) process was created which listed those aspects of development that required a permit, and which we currently require permits for, and those that are considered compliant and do not require an individual permit (these are the same items that are also exempt from the state building code, which we do not require permits for). FEMA accepted this solution and this ordinance change codifies the agreed upon RAD process.
We do, however, state in the ordinance that if these “small projects” constitute a substantial improvement (those in excess of 50% of the assessed value or market value of the structure), then obtaining a permit is required.
The additional definition of “regulatory flood protection elevation” is a housekeeping change that clarifies a term...
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