PARKING
This chapter establishes the minimum standards for vehicular parking, loading, and service areas. The provisions in this chapter apply to all types of new development, redevelopment, expansions of existing uses, and changes in use. The minimum standards required by this chapter shall apply unless alternate minimum parking standards and/or parking credits are applicable and approved by the zoning administrator. When considering the appropriateness of applying alternate minimum parking standards and/or parking credits, the zoning administrator shall consult with appropriate city departments (i.e. public works, planning, police, fire, etc.) to insure such decisions are in the best interest of the health, safety, and public welfare of the community and consistent with goals and objectives adopted in the City of Hampton comprehensive plan. These standards ensure the adequate and safe provision of parking to support various types of land uses. In addition, these standards contribute to the reduction of potential detrimental impacts to adjoining properties, enhance pedestrian access and connections, reduce stormwater impacts, and minimize excessive parking and the associated environmental impacts.
Along with means of ingress and egress, uses permitted by the zoning ordinance shall provide on-site a minimum number of permanently maintained parking spaces as required in Tables 11-2.1 through 11-2.5; Required Minimum and Maximum Parking unless parking credits are granted pursuant to section 11-8 below, or alternate parking provisions are specified in other chapters of this ordinance which shall govern the required parking. In addition, all uses shall provide parking spaces that are accessible to the associated use according to the Uniform Statewide Building Code and meet access standards established in the Virginia Statewide Fire Prevention Code. Uses requiring a use permit may be required to vary from these standards due to the specific conditions of the development. Such variation shall be in the form of a condition recommended by the zoning administrator and adopted by city council. Minimum and maximum parking standards for uses not specifically listed in this chapter shall be determined by the zoning administrator based upon the minimum and maximum parking requirements of the closest comparable use for which a standard is specified.
Non-residential uses permitted by the zoning ordinance shall provide permanently maintained off-street loading spaces with adequate access.
(1)
Each loading space shall measure no less than ten (10) feet wide by twenty-five (25) feet long and shall have a vertical clearance of at least fourteen (14) feet and a backing space of at least twenty-four (24) feet.
(2)
Buildings of twenty thousand (20,000) square feet or less shall require one (1) loading space. Buildings in excess of twenty thousand (20,000) square feet shall require two (2) loading spaces.
(3)
Loading spaces shall not be located any closer than ten (10) feet to any existing or proposed rights-of-way, or closer than twenty (20) feet to any residential use or any property zoned for residential uses.
(4)
Upon approval of the zoning administrator, required loading spaces to serve uses located in more urban densely developed districts such as (but not limited to) Downtown Hampton and Phoebus may be designated and signed as loading spaces during designated hours. Beyond these designated hours, this space may be used for parking, drive aisle, etc. Designated hours for this type of loading space shall specify times of the day that are "off peak" times for the respective use.
(5)
The zoning administrator may waive some or all of the above requirements for loading spaces when evidence warrants special consideration. Waivers may be particularly applicable to redevelopment sites and mixed-use higher density nodes or districts identified in the adopted Hampton comprehensive plan and any adopted small area plans, redevelopment plans, or master plans where provision of off-street loading spaces may not be practical or desirable. The zoning administrator may also approve "shared use" of loading spaces in which more than one (1) use shares a common loading space.
In order to better utilize land, encourage alternative modes of transportation, and minimize the impact to the environment, maximum parking standards are established herein. A use may not exceed the maximum parking standard as required in Tables 11-2.1 through 11-2.5 unless it meets either of the following conditions described below. The following conditions apply to the parking spaces and associated drive aisles which exceed the maximum number or spaces permitted in Tables 11-2.1 through 11-2.5.
(1)
If parking is comprised of new surface lot construction, the following low impact features are incorporated into the site design subject to approval of the director of planning and the director of public works:
(a)
All stormwater from the parking lot shall be handled within or directly adjacent to the parking lot using a permeable paving system, underground detention, bioretention, or other similar method consistent with the Virginia Stormwater Management Handbook (latest edition), and
(b)
A minimum of twenty-five (25) percent of the surface area of the parking lot must be shaded by tree canopy; or
(c)
Alternative approaches which differ from (a) and (b) above but meet the same intent, may be approved upon review and approval of both the planning director and public works director.
(2)
If parking spaces in excess of maximum number allowed by Tables 11-2.1 through 11-2.5 are accommodated in structured parking, no additional "low impact" features are required.
To accommodate the growing diversity of transportation options, encourage alternative modes of transportation, and promote pedestrian activity, bicycle parking is required as specified in Tables 11-2.1 through 11-2.5: Required Minimum and Maximum Parking. Required bicycle parking is in addition to the required automobile parking. Bicycle parking shall be placed in highly visible areas within close proximity to primary building entrances and located such as to not impede pedestrian access and safety.
Vertically stacked parking arrangements and modular automated parking systems shall be permitted. Vertically stacked systems which are not automated and which require vehicles and or lifts to access the stacked vehicle storage system shall provide a standard drive aisle between bays. Additional clearances may be required upon review by the appropriate building code official and the fire chief.
Modular automated parking systems (MAPS) are not required to meet the standard parking space or drive aisle dimensions. They are required to meet all other applicable codes and ordinances.
Minimum dimensions for all permitted types of parking stalls and backing/drive aisles shall be as specified in Table 11-7.1: Minimum Dimensional Standards: Parking Stalls and Aisles.
Any land use which is eligible for any of the shared parking and parking credits identified in this section may apply these credits in a cumulative fashion. When multiple credits may be applicable, the combination of credits which requires the lowest number of required parking spaces may apply. The application of all parking credits must be approved and documented in writing by the zoning administrator. All approved parking credits shall be included as a note upon site plans or other official documents submitted for permitting.
Prior to approving any parking credits, the zoning administrator shall consult with all appropriate city departments to insure that the application of parking credits shall protect the health, safety, and welfare of the general public and shall promote harmonious development consistent with the goals and objectives of the adopted Hampton comprehensive plan. The zoning administrator may decline to apply parking credits when there is evidence that the existing parking conditions upon a site or within a district are such that application of all or some of the eligible parking credits will further contribute toward an existing condition in which parking is already inadequate (based upon requirements of this ordinance), unsafe (as determined by the police division, fire department, or city traffic engineer), and/or is creating negative off-site impacts to adjoining land uses.
(1)
Shared parking. The shared parking model can be used as a basis for predicting the overall parking demand for a particular mix of land uses on a site as an alternative to the application of individual parking requirements specified in Tables 11-2.1 through 11-2.5. This model assumes that every separate use will need the full amount of parking that is called for in the parking requirements table at some point during the day (called the "peak period" for that use). Where different uses need parking at different times of the day, there is an opportunity for these uses to share parking. The total number of parking spaces needed to serve a mix of uses (the parking demand) may be significantly less than the number of spaces that would have to be built if each of the uses had to provide one hundred (100) percent of its own required parking.
Shared parking credits may be applied to a mixed-use site as specified in Table 11-8.1: Shared Parking Credit Schedule under the following conditions:
1.
The land contains a mix of two (2) or more land uses and is under single ownership; or
2.
The land contains a mix of two (2) or more land uses and operates under a joint use agreement which permits shared use of parking. The shared parking agreement shall include all of the following terms, to the satisfaction of the zoning administrator and city attorney:
(a)
Consent of all applicable property owners,
(b)
The number and location of all parking spaces being shared with an exhibit depicting such spaces,
(c)
A minimum 20-year term,
(d)
A provision requiring 90-days prior written notice to the director of community development upon amendment or termination of the agreement,
(e)
Provisions allowing for the use of the parking spaces during all times relevant to the use necessitating the parking spaces, as determined by the zoning administrator,
(f)
An acknowledgement that, upon termination of the shared parking agreement, the grantee of the credits may be in violation of the zoning ordinance unless the required parking is provided by alternate means prior to the termination date of the shared parking agreement, and
(g)
Any other such term reasonably required by the city based upon the unique circumstances of a particular case.
Notwithstanding the above-described 20-year term, such shared parking agreement may include a provision allowing termination of the agreement by either party at any time, provided 90-days prior written notice is provided to the director of community development and all parties to the agreement. The shared parking agreement shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Hampton and accompanied by a check made payable to the Clerk of the Circuit Court of the City of Hampton in an amount required by the Clerk to cover recording fees.
Example: Calculating the Shared Parking Credit. In this example, the hypothetical development consists of three (3) different land uses located upon the same parcel. These land uses are as follows: (1) three hundred (300) room hotel with no meeting space; (2) one hundred thousand (100,000) square feet of general office space; and (3) one hundred (100) rental apartments—All three-bedroom units.
Step 1: Calculate the minimum parking required using Tables 11-2.1 through 11-2.5
Step 2: Calculate the minimum parking required using the Shared Parking Credit Schedule—Table 11-8.1 for the various times of day and days of the week.
Step 3: Find the highest number generated in Step 2; in this example the highest number is seven hundred twenty-seven (727).
Step 4: Compare the number generated in Step 1 with the highest number generated in Step 2: in this example eight hundred fifty-three (853) versus seven hundred twenty-seven (727), or a difference of one hundred twenty-six (126) spaces.
Step 5: If these two (2) numbers are different, there is the potential to reduce the required minimum parking for the entire project to the lower of the two (2) numbers. Ultimately that choice is the land owner/developer's to make.
(2)
On-street parking and off-site parking. All on-street and off-site parking credits shall only apply to parking that is generally available to the public and not restricted in any way which would limit its ability to meet the parking demands of the intended land use.
(a)
On-street parking credit. On-street parking credits may be applied to any lot. On-street parking within the public rights-of-way immediately adjacent (and on the same side of the street) to the subject site may be counted towards the minimum required parking.
(b)
Off-site parking credit. Where parking is available off-site and within five hundred (500) feet of any publically accessible pedestrian entry point to a building, it may be counted towards the minimum required parking under the following conditions:
(i)
The off-site parking is owned or controlled by a public entity and the requested parking credit is approved, in writing, by the appropriate authority. The public entity shall maintain an inventory of parking space credits provided and the spaces within the lot in which they exist. Credits shall not be granted beyond the number of spaces available with the exception for instances when the uses involved qualify for parking credits under section 11-8(1), as amended; or
(ii)
The off-site parking is owned or controlled by a private entity with a legally binding shared parking agreement. The shared parking agreement shall include all of the following terms, to the satisfaction of the zoning administrator and city attorney:
(a)
Consent of all applicable property owners,
(b)
The number and location of all parking spaces being shared with an exhibit depicting such spaces,
(c)
A minimum 20-year term,
(d)
A provision requiring 90-days prior written notice to the director of community development upon amendment or termination of the agreement,
(e)
Provisions allowing for the use of the parking spaces during all times relevant to the use necessitating the parking spaces, as determined by the zoning administrator,
(f)
An acknowledgement that, upon termination of the shared parking agreement, the grantee of the credits may be in violation of the zoning ordinance unless the required parking is provided by alternate means prior to the termination date of the shared parking agreement, and
(g)
Any other such term reasonably required by the city based upon the unique circumstances of a particular case.
Notwithstanding the above-described 20-year term, such shared parking agreement may include a provision allowing termination of the agreement by either party at any time, provided 90-days prior written notice is provided to the director of community development and all parties to the agreement. The shared parking agreement shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Hampton and accompanied by a check made payable to the Clerk of the Circuit Court of the City of Hampton in an amount required by the Clerk to cover recording fees.
(iii)
Convenient and safe pedestrian access ways shall be provided from the off-site parking to the primary entrance(s) of the subject use. Off-site parking shall not be approved without the existence of such improvements. Required pedestrian access ways shall be designated on a submitted site plan and shall be approved by the director of of community development or designee.
(3)
Transit parking credits. In areas served by affordable and convenient transit service, parking demand can be affected. The degree to which transit service impacts parking demand is influenced by a number of factors including the type and density of surrounding development, the existing supply and cost of parking, and the quality of transit service generally accessible to the traveling public.
In order to provide appropriately tailored transit credits that are customized to the unique set of forces influencing parking demand in any given geographic area of the city, "Transit Overlay Zones" may be established for defined geographic areas of the city. In general, "Transit Overlay Zones" may enact land use, transportation, and parking policies which encourage the provision of multiple modes of transportation and will typically include higher density, compact, mixed-use development districts referred to as Transit Oriented Development (TOD).
Within any adopted "Transit Overlay Zone," transit parking credits may be established that are appropriate for that geographic area.
(4)
Mixed-use district—Ground floor retail/commercial credit. In mixed-use districts (as designated in the adopted Hampton comprehensive plan, small area plans, neighborhood plans, and master plans), the first three thousand (3,000) square feet of pedestrian oriented ground floor commercial retail space shall be exempt from the calculation to determine the minimum required parking. This credit shall be calculated based upon specific information (building size, uses, ownership, etc.) provided to the City of Hampton at the time of site plan review or building permit review.
(5)
Other parking credits. The zoning administrator may also grant parking credits based upon request by an applicant. The applicant requesting such consideration shall supply documentation regarding parking data (anticipated parking demand, anticipated peak parking demand times of day, week, and month) relevant to the specific site and proposed uses as well as parking data relevant to the surrounding area. Other relevant data may also be requested of the applicant and/or local, state, and federal agencies. All such information shall be reviewed by the director of public works and the planning director and a recommendation forwarded to the zoning administrator prior to making a final decision to grant parking credits not specified elsewhere in this chapter. The zoning administrator shall consider granting other parking credits only when the applicant's submitted request and supporting data meets one (1) or more of the following conditions:
(a)
Adherence to the applicable parking standards is not necessary and will result in excess parking spaces because the mixture of existing or proposed uses will generate a high proportion of multiple destination vehicle trips; or
(b)
Adherence to the applicable parking standards is not necessary and will result in excess parking spaces because there will be a high level of pedestrian, carpool, and/or public transit traffic serving the use; or
(c)
Adherence to the applicable parking standards within a Historic District designated by the federal government, Commonwealth of Virginia, or within a locally adopted preservation district will be detrimental to the historic character of the district and thus deviation from the adopted standards furthers the public interest in preserving and maintaining these historic community assets.
(6)
Parking exemptions and reductions. To recognize the unique character of established urban neighborhoods and the provision of alternative parking options nearby, the following zoning districts shall have parking requirements exempted or reduced as described below:
(a)
O-IH District. Residential development on substandard lots, as set forth in chapter 9 article 5 of the Zoning Ordinance, shall be permitted a reduction from the parking requirements of section 11-2 herein to one (1) space per housekeeping unit when the lot frontage is less than fifty (50) feet.
(b)
DT-1, DT-2, and DT-3 Districts. Off-street parking and loading areas shall be provided as required in section 11-2 herein, except that buildings erected so as to provide office and/or living space on more than three (3) floors shall furnish garage or vehicle parking space only to the extent that such office and/or living space exceeds three (3) floors.
(c)
BB-1, BB-2, and BB-3 Districts. Such permitted accessory dwelling units shall only be required one (1) space in addition to the primary dwelling unit requirement.
(d)
PH-1 and PH-2 Districts.
(i)
All non-residential uses, except religious facilities, colleges/universities, schools, auditoriums and theaters shall be exempt for the first 5,000 (five thousand) square feet measured for the purposes of determining the parking requirement of section 11-2 herein.
(ii)
Multifamily residential uses shall be exempt from the guest parking requirement of section 11-2 herein.
(e)
O-CC District.
(i)
The minimum parking requirement shall be zero (0), provided:
(aa)
Accessible parking spaces shall be provided on-site as would have been required without a parking reduction;
(bb)
All green area requirements are met as described in Section 9-24(2)(a) or Section 9-24(3) where an administrative design alternative is approved;
(cc)
There shall be a minimum of ten (10) bicycle parking spaces provided, plus one (1) additional bicycle space per every fifty (50) automobile parking spaces provided or portion thereof; and
(dd)
This provision does not eliminate maximum parking requirements as described in Section 11-2.
(7)
Governmental uses. Understanding the unique nature of governmental uses, the zoning administrator may grant parking credits to property used for governmental purposes and either owned or leased by the City of Hampton. Governmental purposes shall include, but shall not be limited to, city services, community and recreational uses. The applicant requesting such credits shall submit a parking plan and supporting documentation relevant to the specific site and proposed uses. Other relevant data may also be requested of the applicant and/or local, state, and federal agencies. All such information shall be reviewed by the director of public works and the community development department director and a recommendation forwarded to the zoning administrator for review. The parking credit request shall be reviewed in accordance with the following criteria:
(a)
The health, safety, and public welfare of the community;
(b)
Consistency with the goals and objectives adopted in the City Hampton comprehensive plan, including resiliency goals;
(c)
Availability of pedestrian access and connections;
(d)
Reduced stormwater impacts and minimized excessive parking and the associated environmental impacts;
(e)
Availability of off-site parking;
(f)
Coordination between government uses to optimize shared parking.
(Ord. No. Z15-22, 10-14-15; Ord. No. Z19-03, 1-9-2019; Ord. No. Z19-10, 1-9-2019; Ord. No. Z19-12, 4-10-2019; Ord. No. Z20-062-26-2020; Ord. No. Z24-0008, 5-8-2024)
PARKING
This chapter establishes the minimum standards for vehicular parking, loading, and service areas. The provisions in this chapter apply to all types of new development, redevelopment, expansions of existing uses, and changes in use. The minimum standards required by this chapter shall apply unless alternate minimum parking standards and/or parking credits are applicable and approved by the zoning administrator. When considering the appropriateness of applying alternate minimum parking standards and/or parking credits, the zoning administrator shall consult with appropriate city departments (i.e. public works, planning, police, fire, etc.) to insure such decisions are in the best interest of the health, safety, and public welfare of the community and consistent with goals and objectives adopted in the City of Hampton comprehensive plan. These standards ensure the adequate and safe provision of parking to support various types of land uses. In addition, these standards contribute to the reduction of potential detrimental impacts to adjoining properties, enhance pedestrian access and connections, reduce stormwater impacts, and minimize excessive parking and the associated environmental impacts.
Along with means of ingress and egress, uses permitted by the zoning ordinance shall provide on-site a minimum number of permanently maintained parking spaces as required in Tables 11-2.1 through 11-2.5; Required Minimum and Maximum Parking unless parking credits are granted pursuant to section 11-8 below, or alternate parking provisions are specified in other chapters of this ordinance which shall govern the required parking. In addition, all uses shall provide parking spaces that are accessible to the associated use according to the Uniform Statewide Building Code and meet access standards established in the Virginia Statewide Fire Prevention Code. Uses requiring a use permit may be required to vary from these standards due to the specific conditions of the development. Such variation shall be in the form of a condition recommended by the zoning administrator and adopted by city council. Minimum and maximum parking standards for uses not specifically listed in this chapter shall be determined by the zoning administrator based upon the minimum and maximum parking requirements of the closest comparable use for which a standard is specified.
Non-residential uses permitted by the zoning ordinance shall provide permanently maintained off-street loading spaces with adequate access.
(1)
Each loading space shall measure no less than ten (10) feet wide by twenty-five (25) feet long and shall have a vertical clearance of at least fourteen (14) feet and a backing space of at least twenty-four (24) feet.
(2)
Buildings of twenty thousand (20,000) square feet or less shall require one (1) loading space. Buildings in excess of twenty thousand (20,000) square feet shall require two (2) loading spaces.
(3)
Loading spaces shall not be located any closer than ten (10) feet to any existing or proposed rights-of-way, or closer than twenty (20) feet to any residential use or any property zoned for residential uses.
(4)
Upon approval of the zoning administrator, required loading spaces to serve uses located in more urban densely developed districts such as (but not limited to) Downtown Hampton and Phoebus may be designated and signed as loading spaces during designated hours. Beyond these designated hours, this space may be used for parking, drive aisle, etc. Designated hours for this type of loading space shall specify times of the day that are "off peak" times for the respective use.
(5)
The zoning administrator may waive some or all of the above requirements for loading spaces when evidence warrants special consideration. Waivers may be particularly applicable to redevelopment sites and mixed-use higher density nodes or districts identified in the adopted Hampton comprehensive plan and any adopted small area plans, redevelopment plans, or master plans where provision of off-street loading spaces may not be practical or desirable. The zoning administrator may also approve "shared use" of loading spaces in which more than one (1) use shares a common loading space.
In order to better utilize land, encourage alternative modes of transportation, and minimize the impact to the environment, maximum parking standards are established herein. A use may not exceed the maximum parking standard as required in Tables 11-2.1 through 11-2.5 unless it meets either of the following conditions described below. The following conditions apply to the parking spaces and associated drive aisles which exceed the maximum number or spaces permitted in Tables 11-2.1 through 11-2.5.
(1)
If parking is comprised of new surface lot construction, the following low impact features are incorporated into the site design subject to approval of the director of planning and the director of public works:
(a)
All stormwater from the parking lot shall be handled within or directly adjacent to the parking lot using a permeable paving system, underground detention, bioretention, or other similar method consistent with the Virginia Stormwater Management Handbook (latest edition), and
(b)
A minimum of twenty-five (25) percent of the surface area of the parking lot must be shaded by tree canopy; or
(c)
Alternative approaches which differ from (a) and (b) above but meet the same intent, may be approved upon review and approval of both the planning director and public works director.
(2)
If parking spaces in excess of maximum number allowed by Tables 11-2.1 through 11-2.5 are accommodated in structured parking, no additional "low impact" features are required.
To accommodate the growing diversity of transportation options, encourage alternative modes of transportation, and promote pedestrian activity, bicycle parking is required as specified in Tables 11-2.1 through 11-2.5: Required Minimum and Maximum Parking. Required bicycle parking is in addition to the required automobile parking. Bicycle parking shall be placed in highly visible areas within close proximity to primary building entrances and located such as to not impede pedestrian access and safety.
Vertically stacked parking arrangements and modular automated parking systems shall be permitted. Vertically stacked systems which are not automated and which require vehicles and or lifts to access the stacked vehicle storage system shall provide a standard drive aisle between bays. Additional clearances may be required upon review by the appropriate building code official and the fire chief.
Modular automated parking systems (MAPS) are not required to meet the standard parking space or drive aisle dimensions. They are required to meet all other applicable codes and ordinances.
Minimum dimensions for all permitted types of parking stalls and backing/drive aisles shall be as specified in Table 11-7.1: Minimum Dimensional Standards: Parking Stalls and Aisles.
Any land use which is eligible for any of the shared parking and parking credits identified in this section may apply these credits in a cumulative fashion. When multiple credits may be applicable, the combination of credits which requires the lowest number of required parking spaces may apply. The application of all parking credits must be approved and documented in writing by the zoning administrator. All approved parking credits shall be included as a note upon site plans or other official documents submitted for permitting.
Prior to approving any parking credits, the zoning administrator shall consult with all appropriate city departments to insure that the application of parking credits shall protect the health, safety, and welfare of the general public and shall promote harmonious development consistent with the goals and objectives of the adopted Hampton comprehensive plan. The zoning administrator may decline to apply parking credits when there is evidence that the existing parking conditions upon a site or within a district are such that application of all or some of the eligible parking credits will further contribute toward an existing condition in which parking is already inadequate (based upon requirements of this ordinance), unsafe (as determined by the police division, fire department, or city traffic engineer), and/or is creating negative off-site impacts to adjoining land uses.
(1)
Shared parking. The shared parking model can be used as a basis for predicting the overall parking demand for a particular mix of land uses on a site as an alternative to the application of individual parking requirements specified in Tables 11-2.1 through 11-2.5. This model assumes that every separate use will need the full amount of parking that is called for in the parking requirements table at some point during the day (called the "peak period" for that use). Where different uses need parking at different times of the day, there is an opportunity for these uses to share parking. The total number of parking spaces needed to serve a mix of uses (the parking demand) may be significantly less than the number of spaces that would have to be built if each of the uses had to provide one hundred (100) percent of its own required parking.
Shared parking credits may be applied to a mixed-use site as specified in Table 11-8.1: Shared Parking Credit Schedule under the following conditions:
1.
The land contains a mix of two (2) or more land uses and is under single ownership; or
2.
The land contains a mix of two (2) or more land uses and operates under a joint use agreement which permits shared use of parking. The shared parking agreement shall include all of the following terms, to the satisfaction of the zoning administrator and city attorney:
(a)
Consent of all applicable property owners,
(b)
The number and location of all parking spaces being shared with an exhibit depicting such spaces,
(c)
A minimum 20-year term,
(d)
A provision requiring 90-days prior written notice to the director of community development upon amendment or termination of the agreement,
(e)
Provisions allowing for the use of the parking spaces during all times relevant to the use necessitating the parking spaces, as determined by the zoning administrator,
(f)
An acknowledgement that, upon termination of the shared parking agreement, the grantee of the credits may be in violation of the zoning ordinance unless the required parking is provided by alternate means prior to the termination date of the shared parking agreement, and
(g)
Any other such term reasonably required by the city based upon the unique circumstances of a particular case.
Notwithstanding the above-described 20-year term, such shared parking agreement may include a provision allowing termination of the agreement by either party at any time, provided 90-days prior written notice is provided to the director of community development and all parties to the agreement. The shared parking agreement shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Hampton and accompanied by a check made payable to the Clerk of the Circuit Court of the City of Hampton in an amount required by the Clerk to cover recording fees.
Example: Calculating the Shared Parking Credit. In this example, the hypothetical development consists of three (3) different land uses located upon the same parcel. These land uses are as follows: (1) three hundred (300) room hotel with no meeting space; (2) one hundred thousand (100,000) square feet of general office space; and (3) one hundred (100) rental apartments—All three-bedroom units.
Step 1: Calculate the minimum parking required using Tables 11-2.1 through 11-2.5
Step 2: Calculate the minimum parking required using the Shared Parking Credit Schedule—Table 11-8.1 for the various times of day and days of the week.
Step 3: Find the highest number generated in Step 2; in this example the highest number is seven hundred twenty-seven (727).
Step 4: Compare the number generated in Step 1 with the highest number generated in Step 2: in this example eight hundred fifty-three (853) versus seven hundred twenty-seven (727), or a difference of one hundred twenty-six (126) spaces.
Step 5: If these two (2) numbers are different, there is the potential to reduce the required minimum parking for the entire project to the lower of the two (2) numbers. Ultimately that choice is the land owner/developer's to make.
(2)
On-street parking and off-site parking. All on-street and off-site parking credits shall only apply to parking that is generally available to the public and not restricted in any way which would limit its ability to meet the parking demands of the intended land use.
(a)
On-street parking credit. On-street parking credits may be applied to any lot. On-street parking within the public rights-of-way immediately adjacent (and on the same side of the street) to the subject site may be counted towards the minimum required parking.
(b)
Off-site parking credit. Where parking is available off-site and within five hundred (500) feet of any publically accessible pedestrian entry point to a building, it may be counted towards the minimum required parking under the following conditions:
(i)
The off-site parking is owned or controlled by a public entity and the requested parking credit is approved, in writing, by the appropriate authority. The public entity shall maintain an inventory of parking space credits provided and the spaces within the lot in which they exist. Credits shall not be granted beyond the number of spaces available with the exception for instances when the uses involved qualify for parking credits under section 11-8(1), as amended; or
(ii)
The off-site parking is owned or controlled by a private entity with a legally binding shared parking agreement. The shared parking agreement shall include all of the following terms, to the satisfaction of the zoning administrator and city attorney:
(a)
Consent of all applicable property owners,
(b)
The number and location of all parking spaces being shared with an exhibit depicting such spaces,
(c)
A minimum 20-year term,
(d)
A provision requiring 90-days prior written notice to the director of community development upon amendment or termination of the agreement,
(e)
Provisions allowing for the use of the parking spaces during all times relevant to the use necessitating the parking spaces, as determined by the zoning administrator,
(f)
An acknowledgement that, upon termination of the shared parking agreement, the grantee of the credits may be in violation of the zoning ordinance unless the required parking is provided by alternate means prior to the termination date of the shared parking agreement, and
(g)
Any other such term reasonably required by the city based upon the unique circumstances of a particular case.
Notwithstanding the above-described 20-year term, such shared parking agreement may include a provision allowing termination of the agreement by either party at any time, provided 90-days prior written notice is provided to the director of community development and all parties to the agreement. The shared parking agreement shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Hampton and accompanied by a check made payable to the Clerk of the Circuit Court of the City of Hampton in an amount required by the Clerk to cover recording fees.
(iii)
Convenient and safe pedestrian access ways shall be provided from the off-site parking to the primary entrance(s) of the subject use. Off-site parking shall not be approved without the existence of such improvements. Required pedestrian access ways shall be designated on a submitted site plan and shall be approved by the director of of community development or designee.
(3)
Transit parking credits. In areas served by affordable and convenient transit service, parking demand can be affected. The degree to which transit service impacts parking demand is influenced by a number of factors including the type and density of surrounding development, the existing supply and cost of parking, and the quality of transit service generally accessible to the traveling public.
In order to provide appropriately tailored transit credits that are customized to the unique set of forces influencing parking demand in any given geographic area of the city, "Transit Overlay Zones" may be established for defined geographic areas of the city. In general, "Transit Overlay Zones" may enact land use, transportation, and parking policies which encourage the provision of multiple modes of transportation and will typically include higher density, compact, mixed-use development districts referred to as Transit Oriented Development (TOD).
Within any adopted "Transit Overlay Zone," transit parking credits may be established that are appropriate for that geographic area.
(4)
Mixed-use district—Ground floor retail/commercial credit. In mixed-use districts (as designated in the adopted Hampton comprehensive plan, small area plans, neighborhood plans, and master plans), the first three thousand (3,000) square feet of pedestrian oriented ground floor commercial retail space shall be exempt from the calculation to determine the minimum required parking. This credit shall be calculated based upon specific information (building size, uses, ownership, etc.) provided to the City of Hampton at the time of site plan review or building permit review.
(5)
Other parking credits. The zoning administrator may also grant parking credits based upon request by an applicant. The applicant requesting such consideration shall supply documentation regarding parking data (anticipated parking demand, anticipated peak parking demand times of day, week, and month) relevant to the specific site and proposed uses as well as parking data relevant to the surrounding area. Other relevant data may also be requested of the applicant and/or local, state, and federal agencies. All such information shall be reviewed by the director of public works and the planning director and a recommendation forwarded to the zoning administrator prior to making a final decision to grant parking credits not specified elsewhere in this chapter. The zoning administrator shall consider granting other parking credits only when the applicant's submitted request and supporting data meets one (1) or more of the following conditions:
(a)
Adherence to the applicable parking standards is not necessary and will result in excess parking spaces because the mixture of existing or proposed uses will generate a high proportion of multiple destination vehicle trips; or
(b)
Adherence to the applicable parking standards is not necessary and will result in excess parking spaces because there will be a high level of pedestrian, carpool, and/or public transit traffic serving the use; or
(c)
Adherence to the applicable parking standards within a Historic District designated by the federal government, Commonwealth of Virginia, or within a locally adopted preservation district will be detrimental to the historic character of the district and thus deviation from the adopted standards furthers the public interest in preserving and maintaining these historic community assets.
(6)
Parking exemptions and reductions. To recognize the unique character of established urban neighborhoods and the provision of alternative parking options nearby, the following zoning districts shall have parking requirements exempted or reduced as described below:
(a)
O-IH District. Residential development on substandard lots, as set forth in chapter 9 article 5 of the Zoning Ordinance, shall be permitted a reduction from the parking requirements of section 11-2 herein to one (1) space per housekeeping unit when the lot frontage is less than fifty (50) feet.
(b)
DT-1, DT-2, and DT-3 Districts. Off-street parking and loading areas shall be provided as required in section 11-2 herein, except that buildings erected so as to provide office and/or living space on more than three (3) floors shall furnish garage or vehicle parking space only to the extent that such office and/or living space exceeds three (3) floors.
(c)
BB-1, BB-2, and BB-3 Districts. Such permitted accessory dwelling units shall only be required one (1) space in addition to the primary dwelling unit requirement.
(d)
PH-1 and PH-2 Districts.
(i)
All non-residential uses, except religious facilities, colleges/universities, schools, auditoriums and theaters shall be exempt for the first 5,000 (five thousand) square feet measured for the purposes of determining the parking requirement of section 11-2 herein.
(ii)
Multifamily residential uses shall be exempt from the guest parking requirement of section 11-2 herein.
(e)
O-CC District.
(i)
The minimum parking requirement shall be zero (0), provided:
(aa)
Accessible parking spaces shall be provided on-site as would have been required without a parking reduction;
(bb)
All green area requirements are met as described in Section 9-24(2)(a) or Section 9-24(3) where an administrative design alternative is approved;
(cc)
There shall be a minimum of ten (10) bicycle parking spaces provided, plus one (1) additional bicycle space per every fifty (50) automobile parking spaces provided or portion thereof; and
(dd)
This provision does not eliminate maximum parking requirements as described in Section 11-2.
(7)
Governmental uses. Understanding the unique nature of governmental uses, the zoning administrator may grant parking credits to property used for governmental purposes and either owned or leased by the City of Hampton. Governmental purposes shall include, but shall not be limited to, city services, community and recreational uses. The applicant requesting such credits shall submit a parking plan and supporting documentation relevant to the specific site and proposed uses. Other relevant data may also be requested of the applicant and/or local, state, and federal agencies. All such information shall be reviewed by the director of public works and the community development department director and a recommendation forwarded to the zoning administrator for review. The parking credit request shall be reviewed in accordance with the following criteria:
(a)
The health, safety, and public welfare of the community;
(b)
Consistency with the goals and objectives adopted in the City Hampton comprehensive plan, including resiliency goals;
(c)
Availability of pedestrian access and connections;
(d)
Reduced stormwater impacts and minimized excessive parking and the associated environmental impacts;
(e)
Availability of off-site parking;
(f)
Coordination between government uses to optimize shared parking.
(Ord. No. Z15-22, 10-14-15; Ord. No. Z19-03, 1-9-2019; Ord. No. Z19-10, 1-9-2019; Ord. No. Z19-12, 4-10-2019; Ord. No. Z20-062-26-2020; Ord. No. Z24-0008, 5-8-2024)