The February 1, 1960 Zoning Ordinance, as Amended, is hereby recodified as set forth herein and as authorized by Virginia Code § 15.2-1433 with an effective date of June 1, 2015.

For the purpose of this ordinance, the City of Hampton, Virginia, is hereby divided into classes of districts as hereinafter set forth in subsequent chapters.

The location of boundaries of the particular districts, except the Flood Zone District as set forth in chapter 9, article 4 of the zoning ordinance, shall be as shown on a map entitled, "Zoning District Map, Hampton, Virginia, 1960, as amended," which map is a reference map to be used in conjunction with this ordinance The said map is a composite of a series of maps, including the noise overlay map depicting the boundaries of the Noise Contour District as set forth in chapter 22, article III of the city code and in chapter 9, article 1 of the zoning ordinance, maps depicting the aircraft accident potential zones, and maps showing a more detailed location of boundaries between districts, said series of maps being entitled, "Zoning District Sectional Maps, 1960, as amended," which aforementioned maps are hereby declared to be a part of this ordinance. The location and boundaries of the various floodplain districts located within the Flood Zone District shall be as shown on a map entitled, "Flood Insurance Rate Map," which map and any amendments thereto as adopted by city council is hereby declared to be a part of this ordinance and shall be used in conjunction with the "Zoning District Sectional Maps" to determine floodplain or flood-prone areas as defined in chapter 9, article 4 of this ordinance. The noise overlay map, the aircraft accident potential zones map, and the original "Zoning District Sectional Maps" and "Flood Insurance Rate Map" shall be filed in the office of the zoning administrator for more detailed reference.

Where uncertainty exists as to the boundaries of any of the aforesaid districts as shown on said maps, the following rules shall apply:

(1)

With the exception of the flood zones, the Chesapeake Bay Preservation District, the Noise Contour District and the aircraft accident potential zones, the district boundary lines are intended to follow street, lot, or property lines, unless such district boundary lines are fixed by dimensions as shown on the "Zoning District Sectional Maps, 1960, as amended."

(2)

Where such boundaries are so indicated that they approximately follow the lot lines, and are not more than ten (10) feet distant therefrom, such lot lines shall be construed to be such boundaries, unless specifically shown otherwise.

Any territory annexed to the City of Hampton, Virginia, shall be considered as being in the R-13 District until such time as the city council has adopted the zoning district for such territory, in accordance with the requirements of this ordinance.

Wherever the term director of the department of community development, zoning administrator, building code official, director of the department of public works, director of the department of economic development or director of the department of parks, recreation, and leisure services is used in the zoning ordinance including all chapters thereto, the term shall include their respective authorized designee or designees as applicable.

(Ord. No. Z16-02, 3-9-2016)

Any area, other than that dedicated for public streets or alleys, shown on the zoning district map or zoning district sectional maps as not being classified in any district, for all intents and purposes of this ordinance, shall be classified as being in the R-13 District. This regulation shall include all sub-marginal land, water areas, and federally-owned and state-owned land.

(1)

This ordinance shall be enforced by the zoning administrator, who shall have all necessary authority on behalf of the city council to administer and enforce the same, including the authority to make findings of fact, in connection with the administration, application and enforcement of the ordinance in specific cases, and in specific cases, with the concurrence of the city attorney conclusions of law regarding determinations of rights accruing under chapter 12, Nonconformities, herein and section 15.2-2311(C) of the Code of Virginia, and further including the ordering in writing or remedying of any condition found in violation of any authority, and the bringing of legal action to insure compliance, including injunction, abatement, or other appropriate action or proceeding subject to appeal. Unless agreed to by the requesting party, any decision or determination of zoning matters shall be made within ninety (90) days of such request.

(2)

The zoning administrator shall be responsible for determining whether applications for building permits as required by the building code are in accord with the requirements of the zoning ordinance, and no building permit shall be issued without verification that plans conform to the applicable zoning regulations.

(3)

The zoning administrator shall verify that the plans, specifications and intended use of a lot/parcel of land conform to the applicable zoning regulations before a permit for a land disturbing activity or construction is issued.

(4)

No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged, or moved, wholly or partly, in use or structure, until the zoning administrator has certified in writing that the use of the structure and/or premises and the placement, dimensions and physical attributes of the structure conform to all applicable zoning regulations.

(5)

Upon written request and the payment of a fee of twenty-five dollars ($25.00) per residential parcel, the zoning administrator shall issue a zoning certification letter indicating the zoning designation of a particular residential parcel or parcels of land as shown on the official zoning map. All other zoning certification letters shall require a fee of seventy-five dollars ($75.00) per parcel of land.

Prior to the issuance of a building or zoning permit, an application therefor shall be submitted to the zoning administrator for review. Unless waived by the zoning administrator, all such applications shall include:

(1)

A current physical property survey of the intended development site that is produced and sealed by a professional land surveyor licensed by the Commonwealth of Virginia; and

(2)

A scaled two-dimensional plan or drawing of the intended development that accurately depicts:

(a)

The lot/parcel boundaries;

(b)

The location, shape and dimensions of all proposed property improvements in relation to all existing on-site property improvements;

(c)

All adjacent and on-site easements, right-of-way, waterbodies/waterways and resource protection area features;

(d)

The existing and intended use of each building or part of a building;

(e)

The number of families the building is designed to accommodate;

(f)

The location and the number of off-street parking and off-street loading spaces; and

(g)

Such other information with regard to the lot/parcel and buildings/structures as may be necessary to determine and provide for the enforcement of the provisions of this ordinance.

A site plan that has been approved in accordance with chapter 35.1 of the city code may be accepted by the zoning administrator in lieu of compliance with section 1-7(a) and (b).

One (1) copy of the approved application materials shall be returned to the applicant upon issuance of the building or zoning permit.

(1)

Any structure, development, or new impervious surface exempted from obtaining building permits shall be required to obtain a zoning permit. All applications for such zoning permits shall be accompanied by usable plat plans, showing the actual shape and location on the lot of the building or buildings and accessory buildings existing, or to be erected or altered; the existing and intended use of each building or part of a building; such other information with regard to the lot as may be necessary to determine and provide for the enforcement of the provisions of this ordinance; and a nonrefundable application fee of fifteen dollars ($15.00). Notwithstanding the foregoing, qualified arts and cultural businesses located in a designated arts and cultural district shall be eligible for a one hundred (100) percent reduction in the zoning permit application fee for all signs to be installed at the location of the qualified arts and cultural business under the terms and conditions set forth in the Hampton City Code.

(2)

The zoning administrator may, in their discretion, waive the requirement for individual permits when the proposed activity, use, or development is so de minimis in nature such that it will have little-to-no impact on the applicable lot.

(3)

Except as otherwise set forth in chapter 12, no building permit, zoning permit, or certificate of occupancy shall be issued for any parcel of land that fails to comply with the requirements of this ordinance.

(4)

Once approved, the zoning permit and all accompanying plans and conditions shall be binding and shall govern the applicable activity, use, or development upon the subject property. The zoning administrator, or their authorized designee, shall have the authority, to enforce compliance with the approved zoning permit pursuant to section 1-6 of the zoning ordinance.

(Ord. No. Z15-24, 12-9-2015; Ord. No. Z20-28, 12-9-2020)

(1)

Any use which indicates a zoning administrator permit is required to be obtained per Chapter 3 of this ordinance shall be required to submit an application for such zoning administrator permit to be accompanied by the same documentation as is required for a zoning permit, and any additional documentation which the Zoning Administrator, in their discretion, determines to be necessary to evaluate the proposed use for conformance with the zoning ordinance.

(2)

A nonrefundable fee of two hundred dollars ($200.00) shall be submitted upon approval of an application but prior to scheduling an initial inspection, as required in Section 1-10.1(3).

(3)

All zoning administrator permits shall require an initial inspection prior to issuance of the zoning administrator permit. Where a zoning administrator permit requires an inspection or re-inspection, the applicant or permittee shall first pay fifty dollars ($50.00) as a nonrefundable inspection fee.

(4)

Except as otherwise set forth in Chapter 12, no zoning administrator permit shall be issued for any use that fails to comply with the requirements of the zoning ordinance.

(5)

Once issued, the zoning administrator permit and all accompanying plans and conditions shall be binding and shall govern the applicable activity, use, or development upon the subject property. The Zoning Administrator, or their authorized designee, shall have the authority to enforce compliance with the approved zoning administrator permit pursuant to Section 1-6 of the Zoning Ordinance.

(6)

The Zoning Administrator, or their designee, shall have the ability to revoke the zoning administrator permit upon violation of any of the conditions contained within the approved zoning administrator permit.

(7)

A permittee aggrieved by the decision of the Zoning Administrator may appeal the decision of the Zoning Administrator to the Board of Zoning Appeals in the manner set forth in Chapter 13 of the Zoning Ordinance.

(8)

No zoning administrator permit shall be issued for a period of six (6) months from the date of revocation for a property where a zoning administrator permit of the same use was previously revoked.

(9)

Nothing in this section shall supersede the requirements for a zoning administrator permit contained within Section 3-3 of this ordinance.

(10)

This section shall have an effective date of September 1, 2024.

(Ord. No. Z24-0014, 6-12-2024)

The owner or general agent of a building or premises where a violation of any provision of this ordinance has been committed or shall exist, the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist; the owner, general agent, lessee or tenant of any part of the building in which such violation has been committed or shall exist; or the general agent, architect, builder, contractor, or any other person who commits, takes part, or assists in any such violation, or who maintains any building or premises in which such violation shall exist, shall upon conviction thereof, be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than ten dollars ($10.00) nor more than one thousand dollars ($1,000.00) and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than one hundred dollars ($100.00) nor more than one thousand five hundred dollars ($1,500.00), However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in one-family residential dwellings shall be punishable by a fine of up to two thousand dollars ($2,000.00). Failure to abate the violation within the specified time period shall be punishable by a fine of up to five thousand dollars ($5,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of up to seven thousand five hundred dollars ($7,500.00). However, no such fine shall accrue against an owner or managing agent of a one-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with chapter 13 or chapter 13.2 of title 55 of the Code of Virginia as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in a one-family residential dwelling shall not be punishable by a jail term.

The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.

The zoning administrator or any other official of the City of Hampton may institute in the name of the city any appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, repair, or conversion of use of any building or structure; or the unlawful use of land, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

Any written notice of a zoning violation or a written order of the zoning administrator shall include (i) a statement informing the recipient that they may appeal the notice of a zoning violation or written order within thirty (30) days to the board of zoning appeals; (ii) the applicable appeal fee; (iii) and a reference to where additional information may be obtained regarding the filing of an appeal. Such written notice or order shall be final and unappealable if an appeal is not filed within thirty (30) days of the date of such written notice or order.

Notwithstanding the foregoing, any written notice of a zoning violation involving parking of commercial vehicles in residential zoning districts or similar short-term, recurring violations, including but not limited to the parking of passenger cars, towed recreational equipment, motorhomes, and other vehicle-related violations shall include: (i) a statement informing the recipient that he may appeal the notice of a zoning violation or written order within ten (10) days to the board of zoning appeals; (ii) the applicable appeal fee; (iii) and a reference to where additional information may be obtained regarding the filing of an appeal. Such written notice or order shall be final and unappealable if an appeal is not filed within ten (10) days of the date of such written notice or order.

(Ord. No. Z20-22, 9-9-2020)

If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

Except as hereinafter otherwise provided:

(1)

No building shall be erected and no existing building shall be moved, altered, added to, or enlarged, nor shall any land or building be used, designed, or intended to be used, for any purpose or in any manner other than is intended among uses hereinafter listed as permitted in the district in which such building or land is located.

(2)

No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which such building is located.

(3)

No building shall be erected, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, and building location regulations hereinafter designated for the district in which such building or open space is located.

(4)

No yard or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building, and no yard or other open space on one (1) lot shall be considered as providing a yard or open space for a building on any other lot.

The height limitations of this ordinance, except as provided in the Langley Flight Approach (LFA) Districts, shall not apply to any penthouse or roof structure for the use of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, nor shall it apply to spires and belfries in religious facilities, cupolas, domes, monuments, water towers, fire and parapet walls, skylights, steeples, flag poles, chimneys, smoke stacks, poles and utility towers, silos, or similar structures which may be erected above the height limit, provided that no penthouse or roof structure, or any space above the height limit shall be allowed for the purpose of providing additional floor space. The foregoing provisions shall not be interpreted to permit a fire or parapet wall to extend more than four (4) feet above the roof.

On any comer lot there shall be no planting, structure, fences, shrubbery, or obstruction from vision more than three (3) feet higher than the curb level, within twenty (20) feet of the intersection of any two (2) curb lines.

(1)

In any R, MD, or RT district, a fence, screen, wall, natural fence, hedge or thick growth of shrubs or trees shall be permitted and shall not be subject to any residential setback requirements provided that the height of any such permitted feature not exceed six (6) feet in side or rear yards, and four (4) feet in front yards, or such lesser height as may be prescribed by law. This provision shall not be interpreted to prohibit the erection of an open-mesh type fence enclosing any school or playground site, or landscape features such as trees, shrubs, flowers, or plants, provided they do not produce a natural fence contrary to the provisions of this section. The use of electrified fences is prohibited except as set forth in section 24-40 of the Hampton City Code.

(a)

The following uses shall be permitted a feature height of six (6) feet in front yards, provided all other requirements of the zoning ordinance are met:

(i)

Communication tower, commercial;

(ii)

Utility infrastructure/structure to house a government function;

(iii)

Utility building/substation.

(2)

In the BB-1, BB-2, BB-3, BB-4 and BB-5 districts, the following shall apply:

(a)

In a front yard, the minimum height shall be twenty-four (24) inches and the maximum height shall be forty-two (42) inches. Pillars, posts, and gateways may be taller. The height of walls, fences, natural fences, and hedges may be required to be shorter by other sections of city code for the purposes of increased visibility and safety, such as at street intersections, in such cases, the safety provisions take precedent.

(b)

In a rear or side yard, the minimum height shall be thirty-six (36) inches and the maximum height shall be six (6) feet.

(c)

In a rear yard on single-family lots adjacent to a rear alley, the minimum setback is five (5) feet.

(d)

Permitted material and design shall be the following;

(i)

Wood: picket fences with corner posts.

(ii)

Wrought iron: vertical, five-eighths-inch minimum dimension, four-inch to six-inch spacing.

(iii)

Brick.

(iv)

Stone.

(v)

Natural fences.

(3)

A fence, screen, wall, natural fence, hedge, or thick growth of shrubs or trees may be located in any zoning district on vacant property owned by the City of Hampton or a political subdivision of the commonwealth.

(4)

A fence, screen, wall, natural fence, hedge, or thick growth of shrubs or trees shall comply with section 1-17, Vision clearance of corner lots.

(5)

No fence, screen, wall, natural fence, hedge, or thick growth of shrubs or trees shall project or encroach into a City right-of-way or easement without the written permission of the City of Hampton or an approved encroachment agreement pursuant to chapter 34 of the City Code, as amended.

(6)

A fence, screen or wall is considered impervious area for purposes of Chapter 9, Article II, Chesapeake Bay Preservation Overlay.

(Ord. No. Z18-8, 5-9-2018; Ord. No. Z20-15, 7-8-2020)

Corner lots that are hereafter resubdivided shall conform to the front yard requirements on the street which they originally fronted, in addition to the front yard requirements on the street which they face after resubdivision.

For the purpose of side yard regulations, semi-detached dwellings shall be considered as one (1) building occupying one (1) lot.

(1)

Where a uniform front yard line between two (2) intersecting streets does not exist, then the required front yard line shall be established by projecting a line between the two (2) nearest buildings on each side of the proposed building, and the proposed building shall not project beyond said line, provided, however, that the nearest existing building shall be situated on lots located not further than one hundred fifty (150) feet from the proposed building line.

(2)

Where a lot is of such shape and size that its established building setback line forms an arc, then the minimum lot width may be measured along the chord of such arc and the building may be located at the setback point represented by the chord. Building setback lines greater than thirty (30) feet may be established, provided that the minimum lot width is maintained at the building setback line and all other requirements of the zoning ordinance are complied with. No building shall be located closer to the street than the established building setback line unless the required minimum lot width is maintained.

On lots for which the comprehensive plan proposes a wider right-of-way for an abutting street than currently exists, the following modifications to the building line location shall apply:

(1)

Where a yard or setback requirement exists, that requirement shall be measured from the proposed right-of-way line.

(2)

Where there is no yard or setback requirement, the building line shall not be located nearer to the existing lot line than the proposed right-of-way line.

(1)

Cornices, eaves, belt course, sills, canopies, or other similar architectural features (not including bay windows or vertical projections) may extend or project into a required side yard not more than eighteen (18) inches for each five (5) feet of width of such side yard, but not over three (3) feet in any case, nor nearer than three (3) feet to any side lot line, and may extend or project into a required front or rear yard not more than thirty-six (36) inches. Chimneys may project into a required front, side, or rear yard not more than eighteen (18) inches, provided the width of any side yard is not reduced to less than three (3) feet on one (1) side and eight (8) feet on the other.

(2)

Exterior stairways and access ramps which do not extend above the level of the first finished floor of the building may extend or project into any required front, side, rear yard or court, provided they do not encroach within three (3) feet of any lot line. Any portion of exterior stairways and access ramps which extend above the level of the first finished floor of the building may extend or project into any required rear yard or court, provided they do not encroach to within three (3) feet of any lot line.

(3)

Any enclosed porch, including screen porches, shall be considered as part of the main building.

(4)

Terraces, platforms, or landing places which do not extend above the level of the first floor of the building may extend or project into any required front, side, rear yard or court not more than eight (8) feet, provided they do not encroach to within three (3) feet of the side lot line.

(5)

An unenclosed porch with a roof may project into the required front yard or the required side yard, adjacent to the right-of-way, on a corner lot a maximum of eight (8) feet but shall be no closer than ten (10) feet to the front property line or the side property line, as applicable.

(6)

On one-family residential, duplex, and fee simple townhouse lots, mechanical equipment, including but not limited to heating, ventilating, and air conditioning equipment and generators, may encroach into the side and rear yard, but shall not encroach more than eight (8) feet and shall be no closer than three (3) feet to the property line. No such encroachment may occur in a yard adjacent to a public street.

(Ord. No. Z18-01, 1-10-2018; Ord. No. Z19-14, 4-10-2019)

(1)

Accessory buildings or structures shall be permitted as described in each zoning district, except for those districts listed in subsections 1-24(2), 1-24(3), and 1-24(4) below.

(2)

In any One- or Two-Family Residential ('R') District, the R-M District, the LFA-5 District, and on any fee-simple lot in the MD-4 District, accessory buildings or structures shall be permitted in accordance with all height and setback requirements for primary structures within the zoning district where constructed except as described below:

(a)

When located in the rear yard.

(i)

Standard height and setback regulations. Accessory buildings or structures may be located as near as five (5) feet from the rear lot line and as near as three (3) feet to the side lot line provided such building or structure does not exceed one and one-half (1½) stories and sixteen (16) feet in height.

(ii)

Increased height and setback regulations. Accessory buildings or structures may be constructed to a height of twenty-five (25) feet provided they are not nearer than fifteen (15) feet to any side or rear lot line and not nearer than fifteen (15) feet to the primary structure. In no case shall they have any exterior stairways.

(b)

When located on a corner lot. No accessory building on a corner lot shall be erected nearer to the street than the requirements herein contained for side yards of corner lots, except an accessory building or structure erected on a corner lot which abuts any interior lot on the side street, then the setback requirements shall not be less than the front yard requirements of the main buildings on the interior lots.

(3)

In any One- or Two-Family Residential ('R') District, the R-M District, the LFA-5 District, and on any fee-simple lot in any MD-1, MD-2, MD-3, or MD-4 District, accessory buildings or structures, to include structures for the keeping of animals, shall not occupy more than twenty (20) percent of the rear yard area

(4)

Accessory buildings or structures for the keeping of animals shall be permitted only as described below. All terms not defined in section 2-2 shall be interpreted as defined in section 5-2 of the Hampton City Code:

(a)

In any district, accessory buildings or structures for the shelter of companion animals shall be permitted provided:

(i)

Shelters no larger than twenty-five (25) square feet are permitted in the rear yard or interior side yard when no taller than one (1) story and sixteen (16) feet in height. These shelters must comply with the following setbacks:

(aa)

Minimum setback from a side property line: three (3) feet.

(bb)

Minimum setback from a rear property line: five (5) feet.

(ii)

Shelters larger than twenty-five square feet are permitted in the rear yard when no taller than 1 story and sixteen (16) feet in height. Shelters must comply with the following setbacks:

(aa)

Minimum setback from a side property line: fifteen (15) feet.

(bb)

Minimum setback from a rear property line: fifteen (15) feet.

(cc)

Minimum setback from the primary structure: fifteen (15) feet.

(iii)

Nothing in this section prohibits the keeping of a companion animal within the primary structure, provided such companion animal is permitted in accordance with all other City, State, and Federal law.

(b)

Accessory buildings or structures for the shelter of certain agricultural animals shall be permitted only as described below:

(i)

In the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, R-M, C-1, C-2, C-3, RT-1, DT-1, and DT-2 districts, accessory buildings, structures or yards, to include stables, for the keeping of horses, ponies, or similar equine animals are permitted provided:

(aa)

That such a structure shall not be permitted on a lot containing less than one (1) acre.

(bb)

If two (2) to eight (8) such animals are to be kept, a minimum lot area of two (2) acres shall be required.

(cc)

If more than eight (8) such animals are to be kept, a minimum lot area of three (3) acres shall be required.

(dd)

The minimum setback shall be sixty (60) feet from any property line.

(ii)

In all districts accessory buildings or structures to include a coop for the keeping of or the use of, chickens, ducks, pigeons, or similar avian animals are permitted provided:

(aa)

The primary use is a single family dwelling. No chickens shall be allowed on lots with a primary use of townhouse, duplex, multifamily, or manufactured housing park.

(bb)

No structure for the keeping of chickens, pigeons, or similar animals shall be located in a front or side yard.

(cc)

Shelters, pens, coops, or cages shall not be located within the required building setbacks and shall be a minimum of 15 feet away from any property line.

(dd)

No commercial activity such as the selling of eggs or chickens for meat, shall be permitted.

(c)

All permits issued for accessory structures for the keeping of animals will be forwarded to the Manager of the Hampton Animal Response Team (HART) or their designee.

(d)

Accessory structures no larger than twenty-five (25) square feet for the keeping of companion animals or chickens, ducks, pigeons, or similar avian animals, shall not require a Zoning Permit provided they are:

(i)

In compliance with section 1-24(4);

(ii)

Located in the rear yard;

(iii)

Located outside of the floodway district; and

(iv)

Located outside of the Chesapeake Bay Preservation District Overlay.

(Ord. No. Z22-0002, 1-12-22)

When provided, lighting of parking areas or business, residential, or manufacturing or storage areas or structures, and of signs, billboards or poster panels, shall be so designed and arranged as to reflect all light away from all public ways or streets.

A substandard lot may be developed for residential use provided that it complies with all current development criteria as set forth in the zoning ordinance, city code, and all other applicable laws.

In any One- or Two-Family Residential (R) District, the R-M District, or any Multifamily Residential (MD) District, through lots or waterfront lots shall have a building setback on each street or waterfront as required for front yards. This shall not be interpreted to restrict the location of private piers, or docks on the waterfront side of such a lot.

Garage and yard sales shall be permitted as follows:

(1)

Individual permits:

(a)

The permit must be secured from the zoning administrator or his designee and accompanied by a non-refundable fee of five dollars ($5.00);

(b)

No more than three (3) garage or yard sales shall be permitted during a calendar year at any one (1) location. If, however, the property owner and/or lessee of all the residents at that location change during the calendar year, the new residents may have three (3) garage or yard sales during the remainder of the calendar year;

(c)

The garage/yard sale shall be limited to a period not to exceed three (3) consecutive days;

(d)

The permit shall be conspicuously displayed upon the premises during the time of the sale; and

(e)

The permit may be issued to single-family, duplex, and townhouse dwelling residential structures regardless of the underlying zoning of the location.

(2)

Community permits:

(a)

The permit must be secured from the zoning administrator or his designee accompanied by a non-refundable fee of twenty dollars ($20.00) to cover processing and enforcement and a complete list of participants' names, addresses and signatures which shall be submitted to the zoning administrator's office or his designee;

(b)

No more than three (3) garage or yard sales shall be permitted during a calendar year;

(c)

The garage/yard sale shall be limited to a period not to exceed three (3) consecutive days;

(d)

The permit shall be conspicuously displayed upon the premises during the time of the sale; and

(e)

The permit shall be issued only to a neighborhood group/association defined as a group of residents or property owners who advocate or organize activities within a neighborhood which may have elected leaders and voluntary dues.

Religious facilities are exempt from the provisions of this section.

(1)

Purpose. The purpose of this section is to establish standards and procedures by which the installation and operation of "renewable energy production systems" shall be regulated within the City of Hampton, in order to promote the safe, effective and efficient use of such systems. Unless otherwise defined in this section specific terms shall be defined as set forth in chapter 2 of the zoning ordinance.

(2)

Applicability.

(a)

The regulation set forth in this section shall govern the installation and siting of renewable energy production systems used to generate electricity for onsite consumption. Renewable energy production systems may be connected to the utility grid pursuant to Code of Virginia § 56-594 governing Virginia net metering laws,

(b)

Renewable energy production systems shall comply with the regulations set forth in Virginia Administrative Code §§ 20VAC5-315-10 through 20VAC5-315-80. The systems may serve as an independent source of energy or serve in a hybrid system, using complementary systems such as a small wind energy conversion system and solar energy producing system.

(c)

Renewable energy production systems shall not exceed a rated capacity of twenty (20) kW for residential use and twenty-five (25) kW for commercial use.

(3)

Application for "small wind energy conversion systems" ("SWECS").

(a)

One (1) SWECS per lot shall be permitted in all zoning districts, as an accessory structure, subject to issuance of a use permit, except in the Langley Flight Approach (LFA) Districts where they shall be prohibited.

(b)

In addition to what is required by section 1-7 of the zoning ordinance, the following shall be provided by the applicant for review and approval by the community development department:

(i)

Survey of the property showing the proposed location of the SWECS on the property and all applicable setbacks.

(ii)

Scaled elevation drawings of the proposed system showing the total height of the structure, including the tower plus the length of the rotor blade at its vertical location, colors and specifications.

(iii)

Certification from a licensed professional engineer or certified installer that the support structure of the system will have the structural integrity to carry the weight and wind loads of the small wind energy system.

(iv)

The proposed type of wind energy system to be constructed, including the manufacturer and model, product specifications including maximum noise output (measured in decibels), total rated generated capacity, dimensions, rotor diameter, and a description of ancillary functions.

(c)

The applicant must provide evidence in writing that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states on the application, that the system will not be connected to the electricity grid.

(4)

Standards for SWECS. All SWECS must comply with the following requirements.

(a)

Height.

(i)

Under no circumstances shall a freestanding SWECS exceed seventy (70) feet in height.

(ii)

Building mounted SWECS shall be limited to a height of ten (10) feet above the height of the building. Building height shall be determined as defined in chapter 2 of the zoning ordinance.

(b)

Setbacks.

(i)

The minimum setback for a SWECS from a property line, public right-of-way, or public overhead utility line must be a distance which is at least equal to the total height of the SWECS. Placement in the front yard is prohibited.

(ii)

Properties within the Chesapeake Bay Preservation District are subject to article II of chapter 9 of the zoning ordinance.

(c)

Signs/safety.

(i)

Other than safety and warning signs, no signage, flags, streamers, or decorative items shall be attached or affixed to any component of the system except the nacelle, which may have lettering that exhibits the manufacturer's identification.

(ii)

Lighting is prohibited unless required by the Federal Aviation Administration ("FAA").

(iii)

SWECS shall be equipped with both a manual and automatic braking device capable of stopping the system in high winds or must be designed so that the rotational speed of the rotor blade does not exceed the design limits of the rotor.

(iv)

To prevent unauthorized access, each tower-mounted SWECS shall not be climbable up to twelve (12) feet above ground.

(d)

Noise. When in operation SWECS shall not exceed sixty (60) dB(A).

(e)

Color. Unless otherwise required by the FAA, all portions of a wind energy system shall be of nonreflective white, black, galvanized steel, aluminum or other matte-finish color designed to blend with the surrounding environment; provided, however, that blades may be painted black to facilitate deicing.

(f)

Maintenance. SWECS must be kept and maintained in good repair and condition at all times and shall not pose a potential safety hazard.

(g)

Inspection. The city shall have the right upon approving SWECS to inspect the premises on which the wind energy system is located at all reasonable times with permission of the property owner,

(5)

Application for solar energy equipment.

(a)

Solar energy equipment shall be a permitted use in all zoning districts.

(b)

For freestanding solar energy equipment, a survey of the property showing the location of the structure on the property and all applicable setbacks will be required.

(6)

Standards for solar energy equipment.

(a)

Height.

(i)

Solar panels may be located on any roof, irrespective of its relationship to the underlying district height limit, up to five (5) feet above the roof surface to adequately access solar energy.

(ii)

Freestanding solar energy equipment shall be limited to a height of sixteen (16) feet.

(b)

Setbacks. Freestanding solar energy equipment shall have a minimum rear yard and side yard setback of fifteen (15) feet. Placement in the front yard is prohibited.

(7)

Nuisance conditions prohibited.

(a)

All SWECS and solar energy equipment must be maintained in good working order by the property owner.

(b)

Dilapidated or deteriorated SWECS and solar energy systems will be deemed nuisance structures.

(1)

A minimum of ten (10) percent of the land area of the lot shall be designated as green area for trees, shrubs, and turf for all properties except for those zoned R-LL, RT-1, MD- 48 1, MD-2, MD- 18 3, MD-4, P0-1, P0-2, DT-1, DT-2, DT-3, HRC-1, HRC-2, HRC-3, BB-1, 49 BB-2, 19 BB-3, BB-4, BB-5, FM-1, FM-2, FM-3, FM-4, PH-1, PH-2, PH-3, O-CBP and O-CC, and all one-family, two-family and duplex dwellings.

(2)

The following criteria shall be met in all districts, except for lots with a one-family, two-family, or duplex dwelling as the primary use:

(a)

No accessory uses or structures except utilities and stormwater management facilities shall be located in a required green area.

(b)

In any parking area, including drive aisles and drive-throughs regardless of size, a minimum ten (10) foot green area shall be provided immediately adjacent to any existing or future public right-of-way.

(c)

In any parking area containing thirty (30) or more spaces, seven (7) percent of the interior of the parking area shall be reserved and maintained as green area. Each green area within the parking area shall be no less than eight (8) feet wide and contain at least one hundred fifty (150) contiguous square feet of green area. This required green area may constitute no more than thirty-three (33) percent of the green area required within the parking area as well as counting toward the total green area requirement.

(d)

In all districts, development sites less than two (2) acres shall comply with the following:

(i)

On sites which front upon only one (1) public street, a minimum of seventy-five (75) percent of the required green shall be located within the front yard.

(ii)

On sites which front upon two (2) public streets or proposed rights-of-way, a minimum of seventy-five (75) percent of the required green area shall be distributed within the yard areas adjacent to the existing or proposed public rights-of-way; no such area shall contain less than thirty (30) percent of the required green area.

(iii)

On sites which front upon more than two (2) public streets or proposed rights-of-way, a minimum of seventy-five (75) percent of the required green area shall be distributed within the yard areas adjacent to the existing or proposed public rights-of-way; no such area shall contain less than twenty (20) percent of the required green area.

(e)

In all districts, development sites of two (2) or more acres shall comply with the following:

(i)

On sites which front upon only one (1) public street, a minimum of fifty (50) percent of the required green area shall be located within the front yard.

(ii)

On sites which front upon two (2) public streets or proposed rights-of-way, a minimum of fifty (50) percent of the required green area shall be distributed within the yard areas adjacent to the existing or proposed public rights-of-way; no such area shall contain less than twenty (20) percent of the required green area.

(iii)

On sites which front upon more than two (2) public streets or proposed rights-of-way, a minimum of fifty (50) percent of the required green area shall be distributed within the yard areas adjacent to the existing or proposed public rights-of-way; no such area shall contain less than ten (10) percent of the required green area.

(f)

Green areas located within any building shall not be credited toward meeting the total green area requirement.

(g)

Green areas interior to the perimeter of any structure that may serve as a court-yard may be credited toward meeting the total green area requirement.

(h)

Areas designated as green areas upon the approved site plan, or subdivision plat that are utilized for storage or the display of products shall be considered in violation of the city zoning ordinance.

(i)

Landscaping within required green areas shall comply with the "City of Hampton Landscape Guidelines" or as otherwise proffered or conditioned pursuant to applicable provisions of the city zoning ordinance.

(3)

The following green area standards apply to all lots with a one-family, two-family, or a duplex dwelling as the primary use or proposed primary use. The green area percentage required herein shall be provided within the street frontage yard.

(a)

A percentage of a street frontage yard must be established as green area as further set forth below.

(i)

Rear street frontage yards on through lots are exempt from these requirements.

(ii)

The intersecting portion of the front and side street frontage yards on corner lots shall be calculated as the front street frontage yard.

(iii)

On corner lots, the front and side street frontage yards shall be calculated independently.

(b)

When a street frontage yard is less than ¼ acre, the street frontage yard shall be a minimum of fifty (50) percent green area.

(c)

When a street frontage yard is ¼ acre or greater but less than ½ acre, the street frontage yard shall be a minimum of sixty (60) percent green area.

(d)

When a street frontage yard is ½ acre or greater but less than one (1) acre, the street frontage yard shall be a minimum of 70% green area.

(e)

When a street frontage yard is 1 acre or greater, the street frontage yard shall be a minimum of seventy-five (75) percent green area.

(f)

Notwithstanding the foregoing subsections (a) through (e), all lots which do not abut an alley with an improved surface that allows vehicular access shall be permitted an improved driveway not to exceed twelve (12) feet in width and twenty-five (25) feet in length, and an improved path of travel three feet (3') in width from the driveway to the front door.

(g)

The following standards apply to driveways, where permitted, within the street frontage yard.

(i)

All expansions to and newly established driveways shall be made of an improved surface.

(ii)

All expansions to and newly established driveways and/or parking areas shall be a minimum of three (3) feet from the side property line.

(aa)

If a shared parking agreement, including terms to the satisfaction of the zoning administrator and city attorney, substantially similar to those required by section 11-7, is executed between adjoining property owners, the zoning administrator may waive this requirement.

(bb)

No driveways or parking pads shall project or encroach into a city right-of-way or easement without the written permission of the City of Hampton or an approved encroachment agreement pursuant to chapter 34 of the City Code, as amended.

(Ord. No. Z15-17, 10-14-2015; Ord. No. Z16-04, 4-13-2016; Ord. No. Z19-04, 1-9-2019; Ord. No. Z20-28, 12-9-2020)

(1)

The following limitations and requirements apply to motorhomes and towed recreational equipment parked on a lot containing a one two-family, or duplex residence as a primary use:

(a)

Motorhomes and towed recreational equipment stored wholly within a garage, shed, or other fully enclosed structure shall not count toward the limitation on the number of permitted vehicles and equipment in this section.

(b)

For the purposes of this section, any equipment parked or stored on or in a trailer shall be considered a part of the trailer so as to count the trailer and its load as a single piece of towed recreational equipment.

(c)

There shall be a limit of a total of two (2) motorhomes and recreational equipment on any lot of less than five (5) acres.

(i)

The total of two (2) refers to a maximum of either two (2) towed recreational equipment or one (1) towed recreational equipment and one (1) motorhome.

(ii)

There shall be no more than one (1) motorhome on any lot.

(d)

On lots five (5) acres or greater, a maximum of a total of four (4) towed recreational equipment and motorhomes.

(i)

The number of motorhomes shall not exceed two (2).

(2)

The following limitations and requirements shall apply to motorhomes and towed recreational equipment parked on a lot containing a one-, two-family, or duplex residence as a primary use; and less than five (5) acres or with less than 100 feet of depth of the street frontage yard:

(a)

Any motorhome or towed recreational equipment shall be parked on an improved driveway. The driveway must be under the entirety of the vehicle, except in the case of ribbon driveways, which must extend continuously from the adjacent public right-of-way to the parking location.

(b)

It shall be unlawful to park or store any motorized boat, jetski, or similar motorized craft not on a trailer in any front or side street frontage yard.

(c)

It shall be unlawful to park more than one (1) motorhome or boat on a trailer with two or more axels in any front or side street frontage yards combined.

(d)

It shall be unlawful to park any motorhome or towed recreational equipment, as applicable, so as:

(i)

The towed recreational equipment has caused the primary improvements on the property to be wholly or substantially screened from view from pedestrians standing at ground level upon any right-of-way abutting any property line;

(ii)

The towed recreational equipment obstructs the view of address numerals;

(iii)

The motorhome or towed recreational equipment obstructs access to emergency escape and rescue opening points, as defined by the Virginia Uniform Statewide Building Code, or path of travel from any street to the primary entrance of any primary or accessory structure;

(iv)

The parking of the motorhome or towed recreational equipment constitutes any other public health, safety, welfare, or fire hazard.

(3)

The following limitations and requirements shall apply to motorhomes and towed recreational equipment parked on any lot in any zoning district:

(a)

No motorhome or towed recreational equipment shall be used as a dwelling.

(b)

No motorhome or towed recreational equipment shall be parked upon a vacant lot.

(c)

No motorhome or towed recreational equipment shall be parked within three (3) feet of any side or rear property line or in a manner that encroaches into any public easement.

(4)

Notwithstanding the foregoing, motorhomes and towed recreational equipment may be parked on street frontage yards in the case of the following:

(a)

Special event when a special event permit has been issued by the city;

(b)

Street sweeping or other city maintenance or construction operations, during the time the street is closed to on-street parking;

(c)

Flooding, other severe weather events, or emergencies;

(d)

When the towed recreational equipment or motorhome is being actively loaded or unloaded, not to exceed a period of twenty-four (24) hours.

(Ord. No. Z20-21, effective 9-9-2020)

(1)

The parking of commercial vehicles on a lot or any adjacent street in any residential district is prohibited, except under the following provisions:

(a)

One (1) commercial vehicle, not exceeding a height of six (6) feet, four (4) inches, nor a measurement, from the center of the front axle to the center of the rear axle of that vehicle or any attached equipment, of eleven (11) feet, six (6) inches, may be parked on a residential lot or adjacent street, provided said lot is occupied by the person responsible for operating the vehicle.

(b)

One (1) commercial vehicle, not exceeding a height of six (6) feet, four (4) inches, with a measurement, from the center of the front axle to the center of the rear axle of that vehicle or any attached equipment, between eleven (11) feet, six (6) inches and fifteen (15) feet, seven (7) inches, may be parked on a residential lot. provided it is kept in a garage or behind the rearmost portion of the building on the lot, and further provided said lot is occupied by the person responsible for operating the vehicle.

(c)

In no case shall a commercial vehicle with a height exceeding six (6) feet, four (4) inches or a measurement, from the center of the front axle to the center of the rear axle of that vehicle or any attached equipment, exceeding fifteen (15) feet, seven (7) inches be permitted to park in any residential property or adjacent street.

(d)

In no case shall more than one (1) commercial vehicle be parked on any residential lot or adjacent street, except that one (1) specifically exempted commercial vehicle may also be parked on the same lot or adjacent street.

(2)

The parking of school buses and buses belonging to religious facilities shall be permitted on any property under the control of the school or religious facility owning the bus, regardless of the zoning of such property.

(3)

The parking of commercial vehicles, except for specifically exempted vehicles, in multi-family developments shall require the permission of the management and/or homeowners' association, and shall not occur in parking spaces required by chapter 11 of this ordinance. Such parking shall be limited to those vehicles permitted in subsection (1)(a) above.

(1)

It shall be unlawful for any person to park a passenger car or commercial vehicle, as permitted in Sec. 1-32, in a street frontage yard on a lot containing a one, two family, or duplex residence as a primary use unless the passenger car or commercial vehicle is parked on a driveway made of an improved surface. The driveway must be under the entirety of the vehicle, except in case of ribbon driveways. The driveway must extend continuously from the adjacent public or private right-of-way to the parking location.

(a)

Notwithstanding the foregoing, a passenger car or commercial vehicle may be parked upon a nonconforming driveway in existence as of January 1, 2022, which consists of stone, rock, gravel, oyster shell, or similar material, when not contained by a border, provided such nonconforming driveway is maintained in its existing footprint and is not expanded except in full compliance with the zoning ordinance.

(2)

A passenger car or commercial vehicle may be parked within a street frontage yard on a surface that does not meet the definition of driveway, such as grass, under the following circumstances:

(a)

A special event when a special event permit has been issued by the city;

(b)

Street sweeping or other city maintenance or construction operations, during the time the street is closed to on-street parking;

(c)

Flooding, other severe weather events, or emergencies;

(d)

When the passenger car or commercial vehicle is actively being washed;

(e)

When either side of the adjacent street is identified by the city as prohibiting parking on either side of that block; or

(f)

When actively loading or unloading the passenger car or commercial vehicle for a period not to exceed twenty-four (24) hours.

This section shall have an effective date of July 1, 2022.

(Ord. No. Z21-11, 12-8-21)

Recreation areas including open space, open space amenities, and active recreation areas provided for residential or non-residential developments which give opportunities for passive and/or active recreational activities to residents, employees, or guests of a development shall be permitted in conjunction with such development in all districts, subject however, to the following regulations and requirements. Such recreation areas shall be owned or controlled by a community association or other entity, which maintains or operates the recreation area, and is connected with the development as evidenced by such documentation as the City Attorney may reasonably require. The documentation may include a declaration of restrictive covenants, easement agreement, or other similar agreement, and shall govern the maintenance of the recreation area.

(Ord. No. Z22-0005, 2-9-22)

(1)

This section shall apply to food trucks only when parked or stored and not in operation.

(2)

Food trucks may not be parked or stored on a lot containing a one-family, two-family, or duplex residence as a primary use.

(3)

Food trucks may be parked on a lot not containing a one-family, two-family, or duplex residence as a primary use only in compliance with the following restrictions:

(a)

Food trucks may only be parked in parking lots in conjunction with commercial or industrial uses or within an approved vehicle storage establishment;

(b)

Except when parked or stored at approved vehicle storage establishments, any such food truck parking area must be either: (i) in the rear of the property or (ii) within a screened area so that the food truck is not visible from public rights-of-way or adjacent properties;

(c)

Food trucks must be maintained in street-ready condition with all applicable licensing and registration displayed, per city code Chapter 24;

(d)

No vehicle repair, which is not otherwise allowed pursuant to the zoning ordinance, shall be permitted;

(e)

No individual food truck may be parked on the property more than seventy-two (72) consecutive hours except when parked or stored at an approved vehicle storage establishment;

(f)

The food truck must be parked on an improved surface parking lot;

(g)

Food trucks shall not block any drive aisles, fire lanes, parking spaces, crosswalks, or other similar means of vehicle and pedestrian traffic circulation on the site as determined by the Zoning Administrator; and

(h)

Parking of the food truck must not reduce the number of available required off-street parking spaces for the property below the minimum required by chapter 11.

(Ord. No. Z23-0001, 5-24-2023)