Title
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City of Hampton, Virginia By Amending Section 9-43 Entitled, “Development Standards” Pertaining to the Front Yard Setback In The Infill Housing Overlay
Purpose
Background Statement:
Chapter 9, Article V of the zoning ordinance contains the Infill Housing Overlay. Staff is proposing changes to Section 9-43, entitled “Development Standards” to change the required front yard setback. The current development standards require a front yard setback that is equal to the average front yards in the block. This is calculated by averaging the front yards of all homes on the same block on either side of the subject lot for 300’ in both directions.
There have been instances where variances were sought because the average of the block in some neighborhoods is so large that it is unreasonable and even creates a setback that is unbuildable.
In recognizing the ordinance as being too restrictive in some cases, staff is proposing to limit the average of the block setback to no less than 5’ and to not require a minimum setback larger than 30’, which is the standard minimum front yard setback in the R-8, R-9, R-11, and R-13 base districts where these standards would apply. The original intent of the O-IH district was to maintain the development patterns in neighborhoods where the existing homes are set back less than the minimum standard in the ordinance. It was not intended to require a greater setback than the established minimum under today’s zoning.
Serving as an example of the issue the proposed amendment intends to correct, the Board of Zoning Appeals heard a variance case in which the average of the block was 120.6’. This calculation put the front yard setback beyond the rear property line and onto the property behind the subject lot. The Board of Zoning Appeals denied the variance request finding that the issue was general in nature and should be corrected through amendment to the zoning ordinance...
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