A.

The provisions of this Appendix shall be administered by the Zoning Administrator. The Zoning Administrator shall be responsible for interpretation of the provisions of the Zoning Ordinance, the Official Zoning Map, Subdivision Ordinance, and all other ordinances that are applicable to the development and growth of the City.

B.

The City of Hampton Community Development Department shall accept all applications for rezoning, conditional use/exceptions, variances, modifications, and any and all other zoning or land use map amendments to ensure the application is complete. Applications shall be made on forms provided by the Community Development Department. The City of Hampton Director of Community Development and/or designee shall review, analyze, and make recommendations to the Hampton City Council for their review and vote for either approval, approval with conditions, or denial.

C.

In interpreting and applying the provisions of this Appendix, the same shall be held to the minimum requirements for the promotion of health, safety, aesthetics, and convenience of the general welfare. The lot or yard area required by these regulations for a particular building shall not be diminished and shall not be included as part of the lot or yard areas of any other building. The lot or yard areas of buildings existing at the time this Appendix became effective shall not be diminished below the requirements herein provided for buildings hereafter erected, and such required areas shall not be included as a part of the required areas of any building hereafter erected.

(Ord. No. 457, § 1, 8-14-18; Ord. No. 503, § 2, 2-11-20)

A.

The City of Hampton Building Administrator shall be responsible for the issuance of permits for construction according to the regulations of the Zoning Ordinance, and Community Development Department shall be responsible for enforcement against any violations of the Zoning Ordinance.

B.

No permit or license shall be issued for any use, building, or other purpose if the same shall be in conflict with the regulations of this Appendix.

C.

If it is found that any of the regulations of this Appendix are being violated, the City of Hampton Building Administrator shall notify the person responsible for such violations in writing, indicating the nature of the violation, and order the action necessary to correct it. Such written notice shall not be a necessary condition precedent to enforcement of the Appendix. The city shall order discontinuance of illegal use of land, buildings, or structures; discontinuance of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Appendix to ensure compliance with or to prevent violation of its provisions.

(Ord. No. 457, § 1, 8-14-18)

A.

For all variances, including those in conjunction with use permits and rezonings but excluding administrative variances in Section 12-4 of this Article, upon application made to the Zoning Administrator, the City Council, following a public hearing, is authorized to consider such variances from the terms of this Appendix as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Appendix will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the Appendix shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same or in other districts shall not constitute a reason for a variance. A variance may be granted in an individual case of unnecessary hardship upon a finding by the City Council that all the following conditions exist:

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

2.

A literal interpretation of the provisions of this Appendix would deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located.

4.

The requested variance will be in harmony with the purpose and intent of this Appendix, the specific zoning of the property and the land use plan and will not be injurious to the general welfare of the community.

5.

The special circumstances or justifications for the variance are not the result of self-imposed actions or misfortunes of the applicant.

6.

The variance requested is the minimum variance that will make possible the legal use of the land, building or structure.

7.

The variance is not a request to permit a use of land, buildings or structures which is not permitted by right in the district involved.

B.

The City Council shall hold a public hearing in accordance with Section 12-9 - Public Hearing and Notice Procedures.

C.

Variances approved in accordance with this section shall be done so by ordinance.

D.

Should the City Council deny a variance request on a parcel(s) of land, then the same request may not be considered until the expiration of at least 12 months from the date of denial.

E.

All requests by private groups, individuals, businesses and other nonpublic organizations for variances shall be accompanied by a filing fee which is maintained in the office of the Zoning Administrator.

F.

Any person or persons, jointly or severally, aggrieved by a variance decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

(Ord. No. 457, § 1, 8-14-18; Ord. No. 2023-07, § 1(Exh. A), 6-13-23)

A.

The Zoning Administrator may modify the following standards during development review without a public hearing or City Council approval. Any other modification beyond those listed below must be considered by the Hampton City Council as a variance under the provisions of Section 12-3.

1.

Front setback or setback adjacent to public street: Variance not to exceed five feet.

2.

Side setback: Variance not to exceed two feet.

3.

Rear setback: Variance not to exceed four feet.

4.

Height of building: Variance not to exceed five feet.

5.

Converted garages or carports meeting the requirements of Section 3-26.

6.

Residential and commercial design standards.

7.

Other requirements within this Ordinance specifically stating that an administrative variance is allowed.

B.

The applicant shall demonstrate, and the Zoning Administrator shall find, that all of the following criteria are present when approving a request for an administrative variance:

1.

There are clear and compelling reasons that are not purely financial demonstrating that the required standard cannot be met.

2.

The modification is the minimum amount necessary to meet the clear and compelling reasons identified above.

3.

The requested adjustment will not contravene the public interest or negatively impact adjoining properties.

C.

All requests by private groups, individuals, businesses and other nonpublic organizations for administrative variances shall be accompanied by a filing fee which is maintained in the office of the Zoning Administrator.

D.

Appeals of the decision of the Zoning Administrator may be made to Hampton City Council within 30 days of notification of the administrative decision.

1.

When it is alleged that an error has been made by the administrative staff when exercising its authority under this section or when an administrative decision aggrieves any person, an appeal to the City Council may be made within 30 days of receipt of notification of the decision.

2.

An appeal may be submitted to the Zoning Administrator in writing for the City Council's review. The City Council shall establish a reasonable time for the hearing of the appeal no more than 45 days from the date of receipt of the appeal. Due notice shall also be provided to the parties in interest. The City Council shall decide the appeal within 15 days after the hearing. Any party may appear in person or by agent or by attorney and offer testimony or present opinions by expert witnesses qualified in the subject to which they are testifying.

3.

Any person or persons, jointly or severally, aggrieved by the City Council's decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

(Ord. No. 457, § 1, 8-14-18; Ord. No. 2023-07, § 1(Exh. A), 6-13-23)

A.

The following standards and guidelines shall apply to all conditional use requests as permitted in the applicable zoning districts.

B.

An application shall be submitted to the Zoning Administrator for technical review. A site plan reflecting compliance with all appropriate provisions of this Appendix shall accompany the application. The Zoning Administrator and/or the City Council may require additional information necessary to evaluate the application. An application is not considered accepted until all required information has been provided.

C.

Following a public hearing, the City Council shall consider all of the following prior to making a decision on any conditional use:

1.

The report and recommendation submitted by the City of Hampton's Community Development Department.

2.

Whether all specific requirements of this Appendix relative to consideration of a conditional use have been met.

3.

The impact the proposed use may have on traffic and/or the adverse effect it may cause to neighboring properties.

4.

The physical characteristics of the site and its suitability for the proposed request. The elements of topography, drainage, size and shape of the land(s) should be part of the City Council's decision-making process.

5.

The adequacy and availability of public infrastructure (water, sewer, roads, etc.) to serve the request.

6.

Whether the applicant has agreed to any specific conditions that will enhance his/her request, protect the public interest, and assure the continued beneficial use of nearby properties.

7.

Whether the request will further or support the goals and objectives of the City of Hampton's Comprehensive plan, protect the public interest, and assure the continued beneficial use of nearby properties.

D.

The City Council shall hold a public hearing in accordance with Section 12-9 - Public Hearing and Notice Procedures.

E.

Conditional Uses approved in accordance with this section shall be done so by ordinance.

F.

All requests by private groups, individuals, businesses and other nonpublic organizations for variances shall be accompanied by a filing fee which is maintained in the office of the Zoning Administrator.

G.

Should the City Council deny a request for conditional use on a parcel(s) of land, then the same request may not be considered until the expiration of at least 12 months from the date of denial.

H.

Upon discovery that the operation of the conditional use has or had ceased for a period of 365 days or more and the owner of the property has not requested voluntary termination of the conditional use, the Zoning Administrator shall forward a report to City Council which may recommend that action be taken to remove the conditional use permit from the property through a City initiated zoning action.

I.

Any person or persons, jointly or severally, aggrieved by the City Council's decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

(Ord. No. 457, § 1, 8-14-18; Ord. No. 504, § 2, 2-11-20; Ord. No. 2023-07, § 1(Exh. A), 6-13-23)

A.

Seasonal activities are only allowed in zoning districts where they are permitted and with a valid temporary event permit.

B.

The Zoning Administrator shall have the authority to grant temporary event permits for seasonal activities and/or temporary events upon a determination that the activity or event, if permitted, would not cause substantial detriment to the public good, would not interfere with another event for which a permit has been issued, would not negatively affect the safety and welfare of pedestrian and vehicular traffic, nor would it impair the purposes or intent of this Appendix.

C.

If no building permit is required for the seasonal activity and/or temporary event, the Zoning Administrator shall have up to one week following the date of receipt of a written request for the temporary event permit to make a decision on the issuance of the temporary event permit. If the Zoning Administrator fails to act on the issuance before the expiration of the one-week period, the Zoning Administrator shall be deemed to have approved the temporary event permit request.

D.

If a building permit is required for the seasonal activity and/or temporary event, the Zoning Administrator shall have up to two weeks following the date of receipt of a written request for the temporary event permit to make a decision on the issuance of the temporary event permit. If the Zoning Administrator fails to act on the issuance before the expiration of the two-week period, the Zoning Administration shall be deemed to have approved the temporary event permit request.

E.

Application requirements.

1.

Any applicant for a temporary event permit for a seasonal activity and/or temporary event shall have the written authorization of the property owner;

2.

Applicants for farmers or other regularly scheduled markets shall submit a schedule for approval and receive an annual permit for the months specified within that schedule;

3.

No single temporary outdoor sales permit for regularly scheduled markets shall be approved for the same lot or any portion thereof for a total of more than 90 days in a calendar year; no special event other than regularly schedules markets and film production shall be allowed to exceed six days in any 30-day consecutive period of time;

4.

These uses shall be permitted only on lots that have access to paved parking with a curb cut;

5.

No operator, employee or representative shall solicit directly to the motoring public;

6.

As a part of the application for a temporary outdoor sales permit, a scaled drawing indicating boundary of the site, parking and location of associated activities and/or structures shall be provided; and

7.

Vendors shall be responsible for refuse and debris clean up. Property sanitation and maintenance requirements shall be strictly adhered and enforced by City code enforcement.

(Ord. No. 457, § 1, 8-14-18)

A.

An application for a rezoning of property shall be considered a simultaneous request for an amendment to the Official City Zoning Map.

B.

A request for rezoning, amendment to the zoning map, or amendment to the text of the Zoning Ordinance may be proposed to the City Council by any public agency or department of the City of Hampton, Georgia.

C.

Applications for rezoning or change of zoning conditions may also be submitted by an individual with 51 or more percent ownership in fee simple of the subject property being petitioned for rezoning, or their legal agent authorized in writing over the owner's signature.

D.

All requests by private groups, individuals, businesses and other nonpublic organizations for rezoning or change of zoning conditions shall be accompanied by a filing fee which is maintained in the office of the Zoning Administrator.

E.

Applications for rezonings, except those initiated by Hampton City Council, must contain the following:

1.

A completed and signed copy of the application.

2.

A copy of any proposed restrictive covenants to be placed upon the property which is subject to the application.

3.

A site plan representing information on the location, extent and type of proposed development, which may include, depending upon the type of development, the following minimum types of information:

i.

Correct scale and north arrow.

ii.

The present zoning classification of all adjacent parcels.

iii.

The location of the parcel relative to existing or proposed public streets.

iv.

Required setbacks for the zoning district requested.

v.

Topographic information sufficient to show elevation and drainage conditions of the land.

vi.

Existing conditions or improvements on the property.

vii.

The location and extent of required buffer areas, including the extent of natural vegetation or fences as required.

viii.

Proposed lot layout of the property if it is to be a subdivision for residential, commercial or industrial development, with required setbacks and buffer areas shown.

ix.

Commercial or industrial development shall also indicate the location and dimensions of proposed buildings, parking and loading areas, driveways and storage areas.

x.

Report from the Henry County Health Department and the Henry County Water and Sewerage Authority and/or (as applicable) the City utility department.

xi.

The Zoning Administrator may require additional information, or information different from the above, depending upon the type of development, to properly evaluate the application.

F.

All proposed amendments to this Appendix, rezonings or changes of zoning conditions shall be transmitted by the City of Hampton Community Development Director to the City of Hampton City Council for review. The City of Hampton City Council shall study the need and justification of the following facts:

1.

The possible effects of the proposed amendment on the character of a zoning district, a particular piece of property, neighborhood, a particular area, or the community.

2.

The relation that the proposed amendment bears to the purpose of the overall zoning scheme with due consideration given to whether or not the proposed amendment will help carry out the purposes of this Appendix.

3.

Consistency with the Comprehensive Plan.

4.

Potential impact on infrastructure including water and sewerage systems.

5.

Impact on adjacent thoroughfares and pedestrian and vehicular circulation and traffic volumes.

6.

Impact upon adjacent property owners.

7.

Ability of the subject land to be developed as it is presently zoned.

8.

Physical conditions of the site relative to its capability to be developed as requested, including topography, drainage, access, and size and shape of the property.

9.

Merits of the requested amendment relative to any other guidelines and policies for development which the City Council may use in furthering the objectives of the land use plan.

10.

An approval of rezoning does not incorporate plan approval. For plan submittal, review, and approval process see City of Hampton Code of Ordinances. Appendix B - Subdivisions. Article 3. Procedure.

G.

After completing a study of the proposed amendment, the City of Hampton Community Development Department shall submit their recommendations and report to the City Council. These recommendations shall be of an advisory nature and shall not be binding on the City Council.

H.

In making a decision, following a public hearing, the City of Hampton City Council may approve, approve with conditions, or deny.

I.

Conditional zoning. In deciding upon any application for zoning map amendment or special use permit, the Hampton City Council may, on their own motion or upon the suggestion of the applicant, grant the application subject to any of the following conditions. The applicant or any successor in title may construct only those uses agreed upon as conditions and only in such a manner as approved by the Hampton City Council. The applicant or any successor in title is not vested by right to a depicted concept design or layout but rather the uses agreed upon as conditions approved by the Hampton City Council. Any zoning map amendment which is adopted with conditions shall be indicated on the Official Zoning Map. The property shall be indicated on the Official Zoning Map with the suffix "C" to indicate that the property has been rezoned with conditions. Such conditions shall remain imposed upon the property until removed or modified by the City Council.

1.

Such conditions deemed necessary to promote and protect the health, safety, and general welfare.

2.

Such conditions deemed necessary to protect neighboring properties and to lessen any potentially adverse effects of the zoning change.

3.

Such conditions set forth, but not limited to, the following:

i.

Setback requirements from any lot line;

ii.

Street network design and street block layout;

iii.

Provisions contained within the Master Plan for Greenways and Trails in Hampton;

iv.

Requirement of additional professional certified studies including but not limited to traffic analysis, environmental analysis, economic and market analysis, etc.

v.

Specified or prohibited locations for buildings, parking, loading or storage areas;

vi.

Restrictions on land use activities to be permitted;

vii.

Maximum building dimensions and height;

viii.

Landscaping or planted area which may include the location, type and maintenance of plant materials within a designated buffer area;

ix.

Fences, walls, earth berms, or other landscape buffer provisions or protective measures;

x.

Preservation of existing trees and vegetation;

xi.

Special conditions to eliminate or reduce undesirable views, light, glare, dust or odor;

xii.

Hours of operation;

xiii.

Architectural details to be compatible with existing buildings in the area;

xiv.

Adherence to specific concept plans as adopted;

xv.

Any other requirements that the City Council may deem appropriate and necessary for the protection of public health and welfare.

J.

Prior to a final vote being taken on any application for which conditions shall be imposed, such conditions shall be made a part of the motion to approve. If the applicant finds such conditions to be unacceptable, they may, at the time before the final vote, withdraw the application. Such withdrawal shall not enable the applicant to refile the same request for the same property until at least 12 months have elapsed from the date of withdrawal.

K.

If the decision of the City Council is to deny the request for rezoning or change of zoning conditions, then the same property may not again be considered for rezoning or change of zoning conditions, until the expiration of at least 12 months immediately following the defeat of the request by the City Council.

L.

Requirements for amendments to the City of Hampton Code of Ordinances. This City of Hampton Code of Ordinances may be amended by the City of Hampton City Council on its own motion or by the initiation of the Community Development Department. Otherwise, a complete application packet shall be required as described below:

1.

An application to amend the text of the City of Hampton Code of Ordinances shall be submitted on forms provided by the City of Hampton Community Development Department.

2.

The application shall include the following information:

i.

Identification of the specific provision proposed for amendment;

ii.

The proposed modifications in a strikethrough and underline format;

iii.

A detailed explanation of the rationale and justification for the requested amendment;

iv.

A detailed explanation of the potential impacts of the modification on the development of the City of Hampton;

3.

The Community Development Department shall prepare a staff report analyzing the proposed amendment and recommend approval, denial, or approval with modifications. The staff report shall address the following issues:

i.

Consistency of the amendment with the comprehensive plan.

ii.

Potential impacts on the character and quality of development in the City of Hampton and any affected zoning districts.

iii.

Potential impacts on the provision of infrastructure and improvements.

iv.

The merits of the proposed amendments relative to any guidelines, policies, or programs adopted in furtherance of the comprehensive plan.

4.

The City of Hampton City Council shall consider the proposed amendment to the City of Hampton Code of Ordinances at a public hearing, according to the procedures.

The City of Hampton City Council shall evaluate the proposed amendment, considering the issues and recommendations contained in the City of Hampton Community Development Department staff report.

The City of Hampton City Council shall make a decision to approve, approve with further modifications, or deny.

M.

Requirements for amendment to the comprehensive plan. The comprehensive plan may be amended by the City of Hampton City Council on its own motion. Otherwise, a complete application packet shall be required as described below.

1.

An application to amend the text or maps of the City of Hampton Comprehensive Plan shall be submitted on forms provided by the City of Hampton Community Development Department.

2.

The application shall include the following information:

i.

Identification of the specific provision proposed for amendment.

ii.

The proposed modifications in a strikethrough and underline format.

iii.

A detailed explanation of the rationale and justification for the requested amendment.

iv.

A detailed explanation of the potential impacts of the modification on the development of the City of Hampton.

3.

The Director of Community Development shall prepare a staff report analyzing the proposed amendment and recommend approval, denial, or approval with modifications.

4.

The City of Hampton City Council shall consider the proposed amendment to the City of Hampton Comprehensive Plan at a public hearing.

i.

The City of Hampton City Council shall evaluate the proposed amendment, considering the issues and recommendations contained in the staff report.

ii.

The City of Hampton City Council shall approve, approve with further modifications, or deny.

(Ord. No. 457, § 1, 8-14-18; Ord. No. 505, § 2, 2-11-20; Ord. No. 2023-07, § 1(Exh. A), 6-13-23)

After an approval has been granted for a map amendment to create or extend any zoning district (except for amendments initiated by Hampton City Council), the applicant, agent or property owner has 12 months in which to make substantial progress in developing the property. Substantial progress shall mean the point of construction at which time the first inspection is carried out. If no substantial construction or alteration of the property or other affirmative action to develop the property has occurred within 12 months of the granting of an application for rezoning, the Zoning Administrator may review the situation and report its findings with recommendations to the City Council who can, at a public hearing, change the zoning category to its prior or other appropriate zoning district classification. The Zoning Administrator shall track the dates of rezoning and status of substantial progress and report to the City Council for their review of any development not meeting this standard.

(Ord. No. 457, § 1, 8-14-18)

A.

Public hearings. If the City Council is taking action resulting in a zoning decision, it shall provide for a hearing on the proposed amendment for the purpose of receiving and considering public comment on the merits of the proposed amendment.

B.

The following rules of procedure shall govern the public hearing before the City Council:

1.

Each applicant or applicant's agent shall appear before the Council, identify themselves by name, address, and whether they are the owner or an agent for the owner.

2.

Each applicant or other interested party who provides the Council with documents shall have each document numbered and shall identify each document and each such document submitted shall be made a part of the official record of the hearing.

3.

Each applicant shall have 15 minutes to present facts pertinent to the application. An applicant may have additional time to address the Council if the applicant notifies the City Clerk prior to the start of the public hearing that applicant needs additional time. The additional time shall be limited to 15 minutes for the applicant.

4.

Each person in support of or opposition to rezoning of property and amendment to the Zoning Ordinance shall have 5 minutes to address the Council and shall provide the City Clerk with name and address; however, the total time for all interested parties in support or opposition shall not exceed 30 minutes unless further time is granted by City Council.

5.

At the conclusion of the hearing, the City Council shall announce its decision and direct the Zoning Administrator to notify the applicant in writing of the Council's decision. The Council's decision shall immediately be entered on the minutes and made a part of the record.

C.

Notification of hearing. At least 15, but not more than 45 days prior to the date of the hearing, the Zoning Administrator shall cause to be published within a newspaper of general circulation within the City and Henry County a notice of the hearing. The notice shall state the time, place and purpose of the hearing.

D.

If a zoning decision is for the rezoning of property and the rezoning is initiated by a party other than city officials or a city department then:

1.

The notice, in addition to the foregoing requirements, shall include the location of the property, the present zoning classification of the property, and the proposed zoning classification of the property; and

2.

A sign containing information required by this Appendix shall be placed in a conspicuous location on the property not less than 15 days prior or more than 45 days prior to the date of the hearing.

3.

If the property proposed for rezoning does not have frontage on a public street, then the sign may be posted on the right-of-way of the nearest public street which provides access to the site. No public hearing may be held by the City Council until said sign(s) have been posted for at least 15 days. Said signs shall remain posted until final action has been taken by the City Council.

(Ord. No. 2023-07, § 1(Exh. A), 6-13-23)

Editor's note— Ord. No. 2023-07, § 1(Exh. A), adopted June 13, 2023, repealed the former § 12-9, and enacted a new § 12-9 as set out herein. The former § 12-9 pertained to Appeals of Administrative Decisions and derived from Ord. No. 457, § 1, adopted Aug. 14, 2018.

Any person or persons, jointly or severally, aggrieved by a City Council's decision may appeal said decision in accordance with O.C.G.A. § 36-66-5.1.

(Ord. No. 2023-07, § 1(Exh. A), 6-13-23)