Title
Ordinance to Amend and Re-Enact Chapter 12 of the Zoning Ordinance of the City of Hampton, Virginia Entitled, “Nonconformities” to Restrict the Expansion of Legally Nonconforming Uses
Purpose
Background Statement:
This amendment restricts the expansion of legally nonconforming uses. Legally nonconforming uses are those uses which were legally established but do not conform to the current zoning regulations prescribed to the district in which they are situated. The City’s current zoning ordinance allows for the expansion of nonconforming uses in a manner that is more permissive than is required by Section 15.2-2307 of the Code of Virginia. For example, new structures can currently be erected in conjunction with legal nonconforming uses and the land area occupied by legal nonconforming uses can be expanded by-right.
If approved, this amendment would allow legally nonconforming one family, two family and duplex residential uses to expand only within the area of the legally platted parcel occupied by the use as of August 12, 2020, assuming City Council adoption on this date. It would prevent commercial and all other legally nonconforming uses from expanding beyond the land area which was occupied by the nonconforming use as of August 12, 2020.
The amendment includes minimum setbacks to legally nonconforming one family, two family, and duplex residential uses; 15’ front yard setback, 5’ side yard setback, 20’ rear yard setback; where the existing base district has a smaller and at times, no setback requirement.
This amendment also restricts the expansion of legally nonconforming structures. Legally nonconforming structures are those structures which were legally established but do not conform to the zoning prescribed to the districted in which they are situated. If approved, this amendment would prevent a legally nonconforming structure from being altered, enlarged, or extended in a way which increases its nonconformance or creates a new nonconformit...
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