The following table identifies uses that are permitted within each zoning district. The uses are grouped by type: Residential - 1, 2 & Multifamily, Group Living, Retail Sales, Services & Office, Institutional, Recreational, Agricultural & Animal-Related, Industrial, Utilities & Transportation, and Other. If a use is not listed, it is not permitted within the district unless the zoning administrator interprets the use to be substantially similar to one (1) of the uses listed. Uses may be permitted by-right (P), conditionally with a use permit (UP), by planning commission action (PC), by special exception (SX) or by zoning administrator action (ZA). Uses not permitted are blank. Uses which have additional standards are denoted by an asterisk (*) with reference to the specific section of the zoning ordinance which contains said standards.

(Ord. No. Z19-16, 9-11-2019)

(a)

Table of Uses Permitted in Standard Zoning Districts.

Click here for Part A of a PDF version of the Table of Uses Permitted in Standard Zoning Districts.

(b)

Table of Uses Permitted in Special Zoning Districts.

Click here for Part B of a PDF version of the Table of Uses Permitted in Special Zoning Districts.

^A "Retail sales, general": uses of the same general character as antique shop, appliance store, art shop, bakery (retail), boating supply store, book store, clothing store, confectionery, convenience store, dairy products store, delicatessen, department store, drapery store, drug store, dry cleaning (collection or pick-up station), florist, furniture and floor coverings stone, grocery store (including produce, meat, or seafood markets), hardware store, interior decorating store, Internet cafe, jewelry store, newsstand, office supply/stationery store, pet shop, photography studio, shoe store and repair, or variety store.

^B "Manufacturing/processing/treatment 1": uses of the same general character as manufacturing/processing/treatment of aircraft and spacecraft (including component parts); medical, photographic and metering equipment; drafting, optical and musical instruments; watches and clocks; toys, novelties and games; electronic apparatus; light mechanical and electrical devices; machines (including component parts); meters; wire products; pumps; vending and office machines; appliances; electronic equipment (including parts such as coils, thermostats, heaters, generators but excluding heavy parts such as electrical power generation components); bolts, nuts, screws and rivets; firearms (excluding ammunitions and explosives); tools, dies, machinery and hardware; bakery and dairy products; fruit, vegetable, meat and poultry products (excluding slaughtering and bulk storage of animal feed or grain); pillows, quilts, clothing and textiles; or boxes, furniture and light wood products.

^C "Manufacturing/processing/treatment 2": uses of the same general character as manufacturing/processing/treatment of acetylene gas, acid, alcohol, ammonia, animals (dead), bituminous products, bleaching powder, bone distillation, chlorine, casein, cement, chemicals, explosives, fertilizer, gas, gelatin, gutta-percha, lacquer, lampblack, lime gypsum, linoleum, matches, offal, oil, oil cloth, paint, paper, paper pulp, plaster of Paris, plastics, potash, pyroxylin, rendering of fat, rubber, salt, shellac, size, soap, sodium compounds, shoe polish, tar products, turpentine, varnish, vegetable products, or wool.

^D "Manufacturing/processing/treatment 3": uses of the same general character as manufacturing/processing/treatment of animal feed, automobiles, bags, bottles, barrels, concrete, brick, tile, terra cotta, or petroleum products (excluding refinery).

^E "Manufacturing/processing/treatment 4": uses of the same general character as manufacturing/processing/treatment of appliances, electrical devices, light mechanical products, pottery, signs (including electric and neon), cosmetics, or pharmaceuticals.

^F "Manufacturing/processing/treatment 5": uses of the same general character as manufacturing/processing/treatment of batteries, metal products, grains, bone, horns, feathers, fur, leather, hair, canvas, cellophane, cloth, felt, paint, paper, plastic, yarn, cork, fiber, stone, tobacco, or wood.

(Ord. No. Z15-10, 6-10-2015; Ord. No. Z15-13, 8-12-2015; Ord. No. Z15-19, 10-14-2015; Ord. No. Z16-06, 4-13-16; Ord. No. Z16-11, 6-8-2016; Ord. No. Z16-17, 10-12-2016; Ord. No. Z17-04, 12-13-2017; Ord. No. Z18-6, 3-14-2018; Ord. No. Z18-10, 7-11-2018; Ord. No. Z18-13, 9-26-2018; Ord. No. Z19-05, 1-9-2019; Ord. No. Z19-16, 9-11-2019; Ord. No. Z20-02, 1-8-2020; Ord. No. Z20-07, 2-26-2020; Ord. No. Z20-09, 6-10-2020; Ord. No. Z20-13, 7-8-2020; Ord. No. Z20-24, 10-14-2020; Ord. No. Z20-25, 10-14-2020; Ord. No. Z20-27, 11-12-2020; Ord. No. Z21-03, 8-11-2021; Ord. No. Z21-05, 8-11-2021; Ord. No. Z21-10, 11-10-2021; Ord. No. Z22-0003, 1-12-2022; Ord. No. Z22-0004, 2-9-2022; Ord. No. Z22-0007, 4-13-2022; Ord. No. Z22-0010, 12-14-2022; Ord. No. Z22-0013, 12-14-2022; Ord. No. Z23-0003, 5-24-2023; Ord. No. Z24-0005, 2-14-2024; Ord. No. Z24-0010, 5-8-2024; Ord. No. Z24-0016, 6-12-2024; Ord. No. Z24-0020, 8-14-2024)

The following uses have additional standards:

(1)

One-family detached dwelling.

(a)

In the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, and R-M districts, such dwellings may be altered to contain two (2) dwelling units, provided that each dwelling unit shall be occupied by only one (1) family; and provided further that one (1) of the two (2) occupant families shall include the owner or at least one (1) of the owners of the premises; and further provided, that such use entails none but minor interior alterations to the dwelling while retaining the exterior appearance of a single-family dwelling with a single outside entrance to both dwelling units.

(b)

In the RT-1 district, such dwellings may be altered to contain two (2) dwelling units, provided that each dwelling unit shall be occupied by only one (1) family; and provided further that one (1) of the two (2) occupant families shall include the owner or at least one (1) of the owners of the premises; and further provided, that such use entails none but minor interior alterations to the dwelling while retaining the exterior appearance of a single-family dwelling with a single outside entrance to both dwelling units. Additionally, no one-family dwelling constructed after the property is zoned RT-1 shall have a driveway with direct access to an arterial street

(2)

Duplex dwelling. In the RT-1 district, duplex dwellings shall be in conformance with the requirements of the R-8 district, with two (2) modifications:

(a)

Each duplex lot created after the property is zoned RT-1 District shall have a minimum frontage of sixty-two and one-half (62½) feet; and

(b)

No duplex dwelling constructed after the property is zoned RT-1 shall have a driveway with direct access to an arterial street.

(3)

Manufactured home. In the R-R district, manufactured homes shall be 19 or more feet in width and attached to a permanent foundation.

(4)

Manufactured/mobile home park or subdivision. In the MD-2, MD-3, R-M, C-1, C-2, RT-1, DT-1, DT-2, and DT-3 districts, the hereinafter stated regulations, minimum requirements and objective standards shall apply to all manufactured home parks and subdivisions permitted after October 24, 1990, and any changes or additions to manufactured home parks and subdivisions existing prior to October 24, 1990.

(a)

Application requirements. In addition to a use permit, the following shall be included with the application:

(i)

A site plan and a landscape plan as required herein for a manufactured home park.

(ii)

A preliminary subdivision plat and a landscape plan as required herein for a manufactured home subdivision. Nothing in this section shall alter the requirements for the approval of site plans and/or subdivision plans, as provided in chapters 35 and 35.1 of the city code.

(b)

Uses permitted. Only those manufactured homes constructed in accordance with regulations promulgated under the Federal Manufactured Housing Construction and Safety Standards Act or the Virginia Industrialized Building and Manufactured Home Safety Regulations, as amended, and bearing the appropriate seals and labels to certify compliance with such regulations shall be permitted under this article. Manufactured home park owners/operators and individual unit owners in subdivisions shall be responsible for the maintenance and upkeep of units in such parks or subdivisions.

(c)

Area requirements; number of lots. All manufactured home parks and subdivisions shall be located on a minimum of five (5) acres, and shall be comprised of a minimum of ten (10) lots.

(d)

Lot area requirements. All lots within a manufactured home park shall meet the following minimum standards:

(i)

Lots for single-wide units shall contain at least three thousand eight hundred (3,800) square feet and have at least forty (40) feet of street frontage.

(ii)

Lots for double-wide units shall contain at least five thousand two hundred twenty-five (5,225) square feet and have at least fifty-five (55) feet of street frontage.

(iii)

Lots that are contiguous to the required 50-foot buffer area, along either the side or rear lot line may reduce their lot area by the depth of the required setback times the length of that side or rear property line.

(iv)

All fee-simple lots within a manufactured home subdivision shall meet the following minimum standards:

(aa)

Lots for single-wide units shall contain at least four thousand seven hundred twenty-five (4,725) square feet and have at least forty-five (45) feet of street frontage.

(bb)

Lots for double-wide units shall contain at least six thousand three hundred (6,300) square feet and have at least sixty (60) feet of street frontage.

(cc)

Lots that are contiguous to the required 50-foot buffer area, along either the side or rear lot line may reduce their lot area by the depth of the required setback times the length of that side or rear property line.

(e)

Height regulations. All structures within the manufactured home park or subdivision shall comply with the height regulations of the district in which they are located.

(f)

Dwelling area requirements. All manufactured homes placed in a park or subdivision shall have a minimum dwelling area of three hundred twenty (320) square feet.

(g)

Building setback requirements.

(i)

Front setback.

(aa)

Manufactured homes in parks shall be set back at least fifteen (15) feet from the front lot line.

(bb)

Manufactured homes in subdivisions shall be set back at least twenty (20) feet from the front fee-simple lot line.

(cc)

All structures within manufactured home parks and subdivisions shall be set back at least fifty (50) feet from the front project property line.

(ii)

Side setback.

(aa)

Manufactured homes in parks shall be set back at least ten (10) feet from one (1) side lot line and fifteen (15) feet from the other side lot line. The unit shall be sited such that the primary entrance opens onto the larger side yard.

(bb)

Manufactured homes in subdivisions shall be set back at least fifteen (15) feet from the side fee-simple lot line.

(cc)

If the lot area has been reduced under the provisions of section 3-3(4)(d) herein, no side setback is required abutting the buffer area.

(dd)

All structures within manufactured home parks and subdivisions shall be set back at least fifty (50) feet from the side project property lines.

(iii)

Rear setback.

(aa)

Manufactured homes in parks shall be set back at ten (10) feet from the rear lot line.

(bb)

Manufactured homes in subdivisions shall be set back at least fifteen (15) feet from the rear fee-simple lot line.

(cc)

If the lot area has been reduced under the provisions of section 3-3(4)(d) herein, no rear setback is required abutting the buffer area.

(dd)

All structures within manufactured home parks and subdivisions shall be set back at feast fifty (50) feet from the rear project property line.

(h)

Off-street parking. A minimum of two (2) off-street parking spaces shall be provided for each manufactured/mobile home in parks and subdivisions. At least one (1) space shall be provided on the lot housing the unit. The additional space may be provided in an off-street parking area, to be located within one hundred fifty (150) feet of the unit it is to serve. All parking spaces shall meet the provisions of chapter 11 hereof.

(i)

Landscaping. A landscape plan complying with the provisions of the "City of Hampton Landscape Guidelines" shall be submitted with the application for a use permit as delineating the following:

(aa)

Perimeter screening. All manufactured home parks and subdivisions shall provide a perimeter screen composed of landscaping or a combination of landscaping and fencing, the intent of which is to limit ingress and egress on the property, and to provide some buffering from adjoining uses. The screen shall be at least six (6) feet in height, and shall be located on all project property lines that do not abut existing or proposed public rights-of-way; such screening shall be set back at least ten (10) feet from any existing or proposed public rights-of-way. The only openings permitted in such screening shall be for vehicular ingress and egress. Barbed wire and electric fences are expressly prohibited. Landscaping materials for the perimeter screen cannot be counted toward the green area requirements of section 3-3(4)(j) herein.

(bb)

Green area requirements. All manufactured/mobile home parks and subdivisions with twenty (20) or more lots shall be required to provide at least three hundred (300) square feet of green area per lot which shall be retained as common area. Such green area shall be in addition to the minimum lot area for dwelling units, and shall be aggregated in increments of at least four thousand five hundred (4,500) square feet, no more than twenty-five (25) percent of this required area may be provided by water area. Such green area shall be landscaped in accordance with the provisions of the "City of Hampton Landscape Guidelines." (c) Buffers. No structures, except fences as part of the perimeter screen, shall be permitted within fifty (50) feet of the project property lines. Parking shall not be located closer than twenty (20) feet from the project property lines. All green area and landscaping within this buffer, except for that required for the perimeter screen may be counted toward the green area requirement stated above.

(j)

Streets. All street layouts in manufactured/mobile home parks and subdivisions shall be designed so as to ensure efficient vehicular flow, adequate access for emergency vehicles, and unobstructed access to public streets. Private streets shall be permitted within the park or subdivision, however, any public street within said development shall be constructed to the standards provided in section 35-74 of the city code. On-street parking shall be regulated according to the following pavement widths:

Manufactured home park and subdivision owners shall be responsible for enforcement of parking regulations on private streets.

(k)

Signs. All signs placed upon the site shall meet the provisions of chapter 11 hereof.

(l)

Dumpsters. Dumpsters shall not be placed within the buffer area required along any property line abutting an existing or proposed public right-of-way, or within twenty (20) feet of any project property line abutting a residential district. Individual toters shall be kept behind the building setback lines except on collection days.

(m)

Fences. On any manufactured home lot, a fence may be located and maintained along the lot line, provided that such fence shall not exceed four (4) feet in height along the front yard and six (6) feet in height along the rear and side yard lines. The use of electrified fences or barbed wire is expressly prohibited.

(n)

Accessory structures.

(i)

The following accessory structures are permitted:

(aa)

Laundry facilities, to be located in common areas.

(bb)

Patios, porches and decks.

(cc)

Storage sheds.

(dd)

Service buildings for the park, to include a rental/management office, to be located in common areas.

(ee)

Recreational facilities for the exclusive use of the residents and their guests, to be located in common areas.

(ii)

No accessory structures shall be permitted within the required five (5) foot buffer area. In the case of lots of reduced area under the provisions [of] section 3-3(4)(d) herein, no accessory structures may be located in the contiguous buffer area.

(iii)

Patios, porches, stoops and decks shall be permitted to encroach a maximum of ten (10) feet into the fifteen-foot side setback or the rear setback so long as they are not enclosed in any manner.

(iv)

Stoops shall be permitted to encroach a maximum of four (4) feet into the ten-foot side setback, exclusive of handicapped ramps. The landing area for such stoop shall not exceed four (4) feet by four (4) feet.

(v)

Sheds shall be permitted to encroach into the rear setback so long as they do not occupy more than thirty-three (33) percent of the required yard. Sheds shall not be required to meet the rear or side yard setbacks.

(o)

Maintenance, perpetuation of open space and guarantee of development in manufactured home subdivisions. A manufactured home subdivision may be accomplished as outlined in this section by providing for the retention of open space in common ownership of the individual owners through appropriate legal documents, with appropriate provision to assure continuous maintenance and the use of the common property for the purpose intended. The legal document or documents shall place unencumbered title to the common property in a form of common ownership representing the residents of the manufactured home subdivision (homeowners' association), shall place responsibility for the management and maintenance of all common property, shall set forth the restrictive covenants, and place responsibility for the enforcement thereof, and shall provide for the subjection of each lot to assessment of its proportionate share of maintenance costs of the common property. Such legal documents shall be filed with the application for approval of a manufactured home subdivision and shall be approved as to form by the city attorney. Such legal documents shall be recorded and indexed as deeds are recorded prior to or in conjunction with the recordation of any subdivision plat.

(p)

Sanitary sewer. All lots within any manufactured home park or subdivision shall be connected to the public sanitary sewer system or an approved private sewer system.

(q)

Phasing of development. In the event that the manufactured home park or subdivision is to be developed in phases, each individual phase must, at a minimum, meet the open space and landscaping requirements for the number of lots created in that phase. It is the intent of this section to protect the integrity of the overall development by protecting the integrity of each phase.

(r)

Waiver of requirements. Under the provisions of the use permit, the city reserves the right to waive any of the above requirements if the proposed park or subdivision meets the intent of the regulations using good design principles.

(5)

Upper-floor dwelling units in the C-2, BB-3, BB-4, BB-5, DT-1, DT-2, PH-1, PH-2, and PH-3 districts shall comply with the following minimum conditions:

(a)

In the C-2 district, upper-floor dwelling units, with an approved use permit, may be located above permitted C-2 uses when the following additional standards are met:

(i)

Residential uses may not be combined with any other use on the same floor.

(ii)

Residential uses may not be located on the pedestrian level and must have at least one (1) separate exterior entrance.

(iii)

No non-residential uses shall be located on any floor above a residential use. Notwithstanding the foregoing, outdoor dining shall be permitted when associated with a ground floor restaurant in the same building, provided it is located on a rooftop and subject to securing an outdoor dining permit as applicable.

(iv)

Development shall conform with development standards and setbacks for all uses other than townhouses and multiple dwellings within the C-2 district as listed within sections 6-12 and 6-14, as amended.

(v)

Each residential dwelling unit shall have adequate light by providing at least two (2) exterior walls with at least one (1) window in each exterior wall.

(b)

In the BB-3, BB-4, BB-5, DT-1, DT-2, PH-1, PH-2, PH-3, FM-2, and FM-3 districts, structures with upper-floor dwelling units shall be permitted by-right with the following minimum standards:

(i)

Residential uses may not be combined with any other use on the same floor.

(ii)

Residential uses may not be located on the pedestrian level and must have at least one (1) separate exterior entrance.

(iii)

No non-residential uses shall be located on any floor above a residential use. Notwithstanding the foregoing, outdoor dining shall be permitted when associated with a ground floor restaurant in the same building, provided it is located on a rooftop and subject to securing an outdoor dining permit as applicable

(iv)

Each residential dwelling unit shall have adequate light by providing at least two (2) exterior walls with at least one (1) window in each exterior wall.

(6)

Dwelling unit for resident caretaker/watchman. In the M-1, M-2, M-3, LFA-1, LFA-2, LFA-4, LFA-6, and HRC-3 districts, resident caretakers and watchmen must be employed on the premises.

(7)

Home occupation. In the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, LFA-5, RT-1, BB-1, BB-2, BB-3, BB-4, BB-5, PH-1, PH-2, PH-3, DT-1, DT-2, DT-3, FM-1, FM-2, and FM-3 districts, home occupations shall be permitted only as an accessory use and only where the character of such use is such that it is clearly subordinate and incidental to the principal residential use of a dwelling. Home occupations that have the following general characteristics are permitted:

(a)

Only those persons who are bona fide residents of the premises may participate in the home occupation. There shall be no on-site employment or use of labor from persons who are not bona fide residents of the dwelling.

(b)

No mechanical or electrical equipment shall be employed within or on the premises other than machinery or equipment customarily found in a home; except that computer systems, fax machines and equipment customarily associated with home office equipment shall be permitted.

(c)

No outside display of goods and no outside storage of any equipment or materials used in the home occupation shall be permitted. A food truck may not be parked or operated at the home occupation except that a food truck may be parked and the food truck equipment may be powered on for a period not to exceed one (1) hour total per day for the purpose of loading and unloading the food truck.

(d)

There shall be no audible noise, or any detectable vibration or odor from activities or equipment of the home occupation beyond the confines of the dwelling, or any accessory building, including transmittal through vertical or horizontal party walls.

(e)

The storage of biohazardous waste, hazardous waste or materials not otherwise and customarily associated with home use is prohibited.

(f)

The home occupation must be conducted entirely within the dwelling or an accessory structure, or both. Not more than two hundred (200) square feet of floor area shall be used in the conduct of the home occupation, including storage of stock-in- trade or supplies.

(g)

All parking in connection with the home occupation (including, without limitation, of vehicles marked with advertising or signage for the home occupation must be in driveway and garage areas on the premises.

(h)

Except for the sign authorized by chapter 10, there shall be no evidence or indication visible from the exterior of the dwelling that the dwelling is being used for any purpose other than as a residential dwelling.

(i)

Home occupation shall not include the following uses, as defined by chapter 2:

(i)

Any vehicle repair, vehicle sales, or vehicle storage for vehicles other than the owner/occupant's personal vehicle(s);

(ii)

Motor vehicle display for purposes of sale or lease other than the owner/occupant's personal vehicle;

(iii)

Machine shop/metal working;

(iv)

Body piercing and/or tattoo parlor; and

(v)

Kennel, home based rescue, animal shelter, and animal day care.

(8)

Group home 2 in the MD-1, MD-2, MD-3, MD-4, R-M, C-1 and C-2 districts, or;

Juvenile residence in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1 and C-2 districts.

(a)

No facility shall be located within a three-quarter (¾) mile radius of any existing facility of the same type;

(9)

Orphanage in the R-M, C-1, C-2 and C-3 districts, or;

Shelter in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2 and C-3 districts.

(a)

No facility shall be located within an one-half (1/2) mile radius of any existing facility of the same type.

(b)

Legally conforming and legally nonconforming shelters, which were in operation on October 19, 2022, shall be exempt from both the use permit and separation requirement set forth in Section 3-3(9)(a) and, upon the ceasing of such an exempt shelter's operation, as evidenced by the revocation of the Certificate of Occupancy for the shelter, may then relocate a maximum of one (1) time to any district where shelters are permitted by Section 3-2, subject to the approval of a zoning permit by the Zoning Administrator. Any subsequent relocations of such shelters shall require the approval of a use permit by City Council.

(10)

Day care 1, family in the M-1, M-2, M-3, LFA-1, LFA-2, LFA-3, LFA-4, LFA-6, RT-1, HRC-1, HRC-2, HRC-3, PO-1, and PO-2 districts.

(a)

This use shall be permitted only in dwellings with legal non-conforming status.

(11)

Day care 2, family.

(a)

In the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, R-M, LFA-5, RT-1, BB-1, BB-2, BB-3, DT-1, DT-2, FM-1, FM-2, and FM-3 districts, this use shall comply with all of the following provisions:

(i)

No more than one (1) employee of the day care shall reside outside of the dwelling.

(ii)

No day care 2, family shall operate prior to obtaining a certificate of occupancy and all other necessary permits and inspections.

(iii)

No day care 2, family shall be permitted to operate without a valid business license as issued by the Commissioner of Revenue.

(iv)

No day care 2, family shall be permitted to operate without a license issued by the Commonwealth of Virginia.

(v)

All parking in connection with the day care must be in driveway and garage areas on the premises, or in available on-street parking areas.

(vi)

Play areas shall be provided in accordance with the following standards in order to provide minimum disturbance to adjacent properties and maximum safety of clients:

(aa)

A six (6) foot tall opaque fence shall be provided around the play area in accordance with Section 1-18 of this ordinance.

(bb)

All outdoor play activities shall be conducted between 8:00 a.m. and 6:00 p.m.

(b)

In the MD-1, MD-2, MD-3, MD-4, C-1, C-2, C-3, M-1, M-2, M-3, LFA-1, LFA-2, LFA-3, LFA-4, LFA-6, BB-4, BB-5, HRC-1, HRC-2, HRC-3, DT-3, PH-1, PH-2, PH-3, FM-4, PO-1, and PO-2 districts, this use shall be permitted only in dwellings with legal non-conforming status and shall comply with all of the following provisions:

(i)

No more than one (1) employee of the day care shall reside outside of the dwelling.

(ii)

No day care 2, family shall operate prior to obtaining a certificate of occupancy and all other necessary permits and inspections.

(iii)

No day care 2, family shall be permitted to operate without a valid business license as issued by the Commissioner of Revenue.

(iv)

No day care 2, family shall be permitted to operate without a license issued by the Commonwealth of Virginia.

(v)

All parking in connection with the day care must be in driveway and garage areas on the premises, or in available on-street parking areas.

(vi)

Play areas shall be provided in accordance with the following standards in order to provide minimum disturbance to adjacent properties and maximum safety of clients:

(aa)

A six (6) foot tall opaque fence shall be provided around the play area in accordance with Section 1-18 of this ordinance.

(bb)

All outdoor play activities shall be conducted between 8:00 a.m. and 6:00 p.m.

(12)

Restaurant 1 in the C-1, C-2, C-3, M-1, M-2, LFA-2, RT-1, BB-3, BB-4, BB-5, HRC-1, HRC-2, HRC-3, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 zoning districts shall comply with the following additional standards:

(a)

The hours of operation of the restaurant shall not extend beyond 5:00 a.m. to 2:00 a.m.;

(b)

The restaurant shall maintain compliance with all applicable federal and state laws and requirements of licensing agencies;

(c)

The restaurant shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not be limited to, noise, setbacks, and building code requirements;

(d)

No operation with a retail alcoholic beverage license is permitted;

(e)

No live entertainment is permitted;

(f)

No outdoor dining is permitted; and

(g)

Restaurants with drive-throughs or drive-ins are not permitted within the M-1, M-2, LFA-2, HRC-1, HRC-2, HRC-3, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 zoning districts.

(13)

Restaurant 2 in the C-1, C-2, C-3, M-1, M-2, LFA-2, RT-1, BB-3, BB-4, BB-5, HRC-1, HRC-2, HRC-3, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts shall obtain a zoning administrator permit and comply with the following additional standards:

(a)

The hours of operation of the restaurant shall not extend beyond 5:00 a.m. to 2:00 a.m. when the restaurant does not have a retail alcoholic beverage license. For restaurants with a retail alcoholic beverage license ("ABC"), the hours of operations of the restaurant shall not extend beyond 5:00 a.m. to 12:00 a.m.;

(b)

The restaurant shall maintain compliance with all applicable federal and state laws and requirements of licensing agencies, including but not limited to ABC licensing;

(c)

The restaurant shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not be limited to, noise, setbacks, and building code requirements;

(d)

A floor plan shall be provided showing the arrangement of all tables, chairs, and performance area, if any, which once approved by the city, shall become binding;

(e)

Any live entertainment shall comply with the following conditions:

(i)

Live entertainment shall not be permitted in the M-1, M-2, LFA-2, HRC-1, HRC-2, and HRC-3 zoning districts;

(ii)

Live entertainment shall be conducted inside the building only;

(iii)

The performance space shall be seventy-five (75) square feet or less;

(iv)

The layout approved in the submitted floor plan shall remain in place for live entertainment performances and no dance floor or similar open gathering space shall be permitted;

(v)

The hours of live entertainment shall not extend beyond the hours of operation of the restaurant; and

(vi)

Each ingress/egress point in the establishment shall be monitored by an attendant during the hours of live entertainment. The establishment shall provide an additional attendant(s), as may be determined necessary by the zoning administrator, to monitor vehicle parking areas that serve the establishment in order to control patron behavior upon exit of the building into the parking areas and maintain compliance with these conditions and other City Code requirements.

(f)

Any outdoor dining shall comply with the following conditions:

(i)

Outdoor dining shall not be permitted within the M-1, M-2, LFA-2, HRC-1, HRC-2, and HRC-3 zoning districts;

(ii)

Within the DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts, the hours of operation of the outdoor dining area shall not extend beyond the hours of operation of the restaurant.

(iii)

Within the C-1, C-2, C-3, RT-1, BB-3, BB-4, BB-5, and LBP districts, the hours of operation of the outdoor dining area shall not extend beyond 5:00 a.m. to 10:00 p.m.;

(iv)

The proposed outdoor dining operation and location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk, as determined by the zoning administrator;

(v)

The outdoor dining area shall be clearly delineated through use of barriers, landscaping, surface materials, or other similar means as determined by the zoning administrator;

(vi)

Tables, chairs and other furniture placed outdoors shall be readily available for use. Any furniture which is not readily accessible may not be stored outside, but must be stored within a wholly enclosed structure; and

(vii)

All outdoor lighting shall be focused downward and inward in a way that prevents spillover onto adjacent properties.

(g)

Restaurants with drive-throughs or drive-ins are not permitted in the M-1, M-2, LFA-2, HRC-1, HRC-2, HRC-3, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 zoning districts.

(h)

The zoning administrator, or their designee, shall have the ability to revoke the zoning administrator permit upon violation of any of the above conditions.

(14)

Restaurant 3 in the C-1, C-2, C-3, M-1, M-2, LFA-2, RT-1, BB-3, BB-4, BB-5, HRC-1, HRC-2, HRC-3, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts requesting to operate outside of the conditions required for Restaurant 1 or Restaurant 2, whichever is applicable, shall first obtain a use permit . The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns and city council may impose conditions that are more restrictive as set forth in article I, chapter 14 of the zoning ordinance. Conditions may include, but are not limited to, the following:

(a)

Hours of operation;

(b)

Sound or noise; and

(c)

Expiration of the use permit upon change in: ownership of the property; possession; or the operation or management of the facility.

(15)

Rummage sale, temporary in the C-1, C-2, C-3, M-2, RT-1, PH-1, PH-2, PH-3, DT- 1, DT-2, FM-2, and FM-3 districts.

Permitted only for a corporation, trust, religious organization, association, community chest, fund, or foundation organized and operated for religious, charitable, scientific, literary, community, or educational purpose.

(16)

Second-hand store in the C-2, C-3, and M-2 districts.

Use shall be conducted wholly within an enclosed building.

(17)

Tire sales in the C-2, C-3, and M-2 districts, or;

Tire repair in the C-2, C-3, and M-2 districts.

Use shall be conducted wholly within an enclosed building.

(18)

Vehicle storage, indoor in the C-3, M-2, M-3, LFA-1, LFA-2.

Use shall be conducted wholly within an enclosed building.

(19)

School, horse riding in the R-R, R-LL, R-43, R-33, R-22, and R-15 districts, or, stables in the R-R district. The following minimum conditions shall be met:

(a)

No more than four (4) animals be kept, stabled, or pastured for each acre of land so used.

(b)

An accessory building, structure, or use, to include a private stable for the keeping of, or the use of, horses, ponies, or similar equine animals is permitted, provided:

(i)

That such a stable or such use shall not be permitted on a lot containing less than one (1) acre; if two (2) or more such animals but not exceeding eight (8) are to be kept, a minimum lot area of two (2) acres shall be required; if more than eight (8) such animals are to be kept, a minimum lot area of three (3) acres shall be required; and

(ii)

That no structure used as a stable, manure pit or bin, or yard for the keeping of such equine animals shall be located nearer than sixty (60) feet to any adjacent lot line, except where such lot line abuts a water course at least sixty (60) feet in width.

(20)

Adult entertainment establishment in the C-3 and M-2 districts.

Structures for such use shall not be located nearer than one thousand (1,000) feet to:

(a)

Any school, religious facility, park, playground, or library property;

(b)

Any other adult entertainment establishment;

(c)

Any residentially zoned property which fronts on the same street or which contains any school, religious facility, park, playground, and library; otherwise, the minimum distance from such structures to a residential zone shall be three hundred (300) feet.

For the purposes of this paragraph, distances shall be measured on a straight line: (1) from the adult entertainment establishment to the nearest point of the property named in (a) or (c) above; or (2) between the establishment named in (b) above.

(21)

Coin-operated amusement devices, accessory in the C-1, C-2, C-3, PH-1, PH-2, PH-3, RT-1, DT-1, and DT-2 districts.

No more than six (6) coin-operated amusement machines shall be allowed as an accessory use at any business establishment.

(22)

Mental health/substance abuse treatment facility in the C-2 district is subject to obtaining a use permit by city council and shall comply with the following additional standards:

(a)

The facility shall only be permitted if it is located within the Coliseum Central Overlay District and is operated by a community services board established pursuant to Section 37.2-501 of the Code of Virginia; or

(b)

The facility is located within the Coliseum Central Overlay District and is operated by a hospital, as defined in Chapter 2.

(23)

Animal day care in R-R, C-1, C-2, C-3, M-1, M-2, M-3, BB-3, BB-4, BB-5, HRC-1, HRC2, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-2, FM-3, and FM-4 districts shall comply with the following minimum conditions:

(a)

In the R-R district, all buildings and areas used for such purposes shall be located at least one hundred (100) feet from all side and rear property lines.

(b)

In all districts, the use shall be conducted wholly within an enclosed building except with respect to an outdoor run complying with the below standards. In all cases, animal-related noises shall comply with City Code section 22-9, as amended.

(c)

The use shall comply with all requirements of City Code Chapter 5, as amended, including but not limited to requirements regarding licensing and care of the animals.

(d)

If an outdoor run is included, the following additional conditions shall also apply:

(i)

Animals shall not be kept unattended in the outdoor run during the hours of 10:00 p.m. to 7:00 a.m.;

(ii)

The outdoor run shall be fenced with a minimum fence height of six (6) feet; and

(iii)

If the lot upon which the establishment is located abuts any lot zoned R or MD district, any outdoor run shall comply with the following:

(a)

The outdoor run shall not be located closer than twenty (20) feet of the residentially zoned lot's abutting lot line.

(b)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, any fencing used for the perimeter of the enclosure shall be opaque and at least six (6) feet in height. Barbed wire and electric fences are expressly prohibited.

(c)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, it shall have screening per the City of Hampton Landscape Guidelines.

(24)

Religious facility in the R-R, R-LL, R-43, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, C-3, RT-1, BB-1, BB-2, BB-3, BB-4, BB-5, PH-1, PH-2, PH-3, DT-1, DT-2, and DT-3 districts.

Religious facilities and accessory uses such as convents, Sunday schools, parish houses, and assembly rooms (excluding rescue mission or temporary revival), are permitted provided:

(a)

For the above uses with a capacity within any single assembly area, of no more than five hundred (500) people, no vehicular access shall be permitted from any residential street unless required for emergency vehicular access.

(b)

For the above uses with a capacity within any single assembly area of between five hundred one (501) and one thousand (1,000) people, no vehicular access shall be permitted from any residential or minor collector street unless required for emergency vehicular access.

(c)

For the above uses with a capacity within any single assembly area in excess of one thousand (1,000) people, no vehicular access shall be permitted from any residential, minor collector, or collector street unless required for emergency vehicular access.

(d)

Notwithstanding the provisions of chapter 12, Nonconformities, a religious facility may make additions to its physical plant, without regard to any street access requirements or limitations, provided:

(i)

Any addition or construction of additional buildings which increases sanctuary seating above the limits which would otherwise be imposed by street access requirements, shall occur only on the property owned in accordance with section 57-12 of the Code of Virginia by the religious facility at the time of adoption of this ordinance;

(ii)

All additions or construction of additional buildings shall comply with the setback requirements in effect at the time of submission of the site plan for the addition or construction; and

(iii)

Any addition or construction of additional buildings which increases sanctuary seating shall be accompanied by additional parking spaces for the new seating provided at the ratio required at the time of submission of the site plan for such addition or construction.

(25)

Shooting range, trap or skeet in all districts.

Trap shooting range shall be a minimum area of four (4) acres and with a minimum width of two hundred (200) feet. Skeet shooting range shall be a minimum area of nine (9) acres with a minimum width of four hundred fifty (450) feet.

Both are subject to securing a use permit and may be rescinded subject to such time limitations as may be prescribed at the time of the granting of the use permit.

(26)

Skateboard ramp in the R-R, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, R-M, C-1, C-2, RT-1, DT-1, DT-2, and DT-3 districts.

The board of zoning appeals shall apply the following standards before granting a special exception:

(a)

Skateboard ramps shall only be permitted in rear yards;

(b)

Skateboard ramps shall not be located closer than fifteen (15) feet to any rear or side property line;

(c)

Skateboard ramps located on corner lots shall comply with the side yard setbacks for accessory buildings on corner lots as specified in chapter 1, section 1-24(1)(b).

The board of zoning appeals may impose conditions concerning the operation of skateboard ramps such as:

(d)

Hours of operation;

(e)

Landscaping;

(f)

Such other conditions regarding the location, character, and other features of the proposed structure as it may deem necessary in the public interest.

Special exception granted under this section shall not be transferable. The board of zoning appeals has the right to revoke the special exception for failure to meet the conditions set forth in the special exception.

(27)

Silviculture/plant nursery, including retail sales in all districts.

The following minimum conditions shall be met:

(a)

The minimum lot size for such a use shall be two (2) acres;

(b)

The owner and operator of the premises occupy a residence on-site;

(c)

The rental, repair, or sale of motorized equipment or tools other than hand tools shall be prohibited;

(d)

The operations of such a use, including storage, but excluding outside plant production storage and sale shall be conducted within a completely enclosed structure;

(e)

The sale or storage of liquid or dry chemicals unless same is pre-packaged by the manufacturer shall be prohibited;

(f)

There may be only one (1) unlighted exterior sign in accordance with local zoning ordinances; and

(g)

Off-street parking on-site is provided in conformance with chapter 11 of the zoning ordinance.

(28)

Veterinarian office/hospital in R-R, C-2, C-3, M-1, M-2, M-3, RT-1, LBP, PH-1, PH-2, and PH-3 shall comply with the following minimum conditions:

(a)

In the R-R district, all buildings and areas used for such purposes shall be located at least one hundred (100) feet from all side and rear property lines.

(b)

In all districts, the use shall be conducted wholly within an enclosed building except with respect to an outdoor run complying with the below standards. In all cases, animal-related noises shall comply with City Code section 22-9, as amended.

(c)

The use shall comply with all requirements of City Code Chapter 5, as amended, including but not limited to requirements regarding licensing and care of the animals.

(d)

If an outdoor run is included, the following additional conditions shall also apply:

(i)

Animals shall not be kept unattended in the outdoor run during the hours of 10:00 p.m. to 7:00 a.m.;

(ii)

The outdoor run shall be fenced with a minimum fence height of six (6) feet; and

(iii)

If the lot upon which the establishment is located abuts any lot zoned R or MD district, any outdoor run shall comply with the following:

(a)

The outdoor run shall not be located closer than twenty (20) feet of the residentially zoned lot's abutting lot line.

(b)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, any fencing used for the perimeter of the enclosure shall be opaque and at least six (6) feet in height. Barbed wire and electric fences are expressly prohibited.

(c)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, it shall have screening per the City of Hampton Landscape Guidelines.

(29)

Short-term rentals in the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, LFA-5, RT-1, BB-1, BB-2, BB-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, and FM-3 zoning districts are subject to obtaining a Use Permit by city council and shall comply with the following additional standards:

(a)

Notwithstanding the foregoing, a short-term rental may be approved by obtaining a zoning administrator permit if the following additional standards are met:

(i)

The short-term rental shall not offer for lodging more than five (5) bedrooms, and shall not allow more than ten (10) overnight lodgers;

(ii)

The short-term rental shall not include any events as defined within Chapter 2 of the zoning ordinance; and

(iii)

The short-term rental shall provide for all of the required parking entirely on-site on an improved surface without use of any parking credit as otherwise permitted within Chapter 11 of the zoning ordinance.

(b)

In order for a zoning administrator permit to be approved, the short-term rental must comply with the following additional standards at the time of application and throughout operation:

(i)

A floor plan of all levels of the dwelling to be used for the short-term rental shall be posted in a conspicuous location within the dwelling and be visible at all times to transient guests and lodgers. The floor plan shall be reviewed for approval prior to operation, and shall depict the exit plan, location(s) of rentable bedrooms, fire extinguishers, smoke detectors, carbon monoxide detectors, and any other life safety or operational details as may reasonably be required by the Zoning Administrator. Any alteration or renovation that modifies the floor plan shall comply with all provisions of this Section 3-3(29) and shall be subject to review and approval by the Zoning Administrator and the Building Official or their designees;

(ii)

In addition to the floor plan referenced in Section 3-3(29)(b)(i), the document titled "Short-Term Rental Fact Sheet," as provided by the City and completed by the operator, shall be posted in the same conspicuous location as the floor plan within the dwelling and be visible at all times to overnight lodgers and guests. In the event that the document is amended or modified by the City, City staff will provide an updated copy to the property owner(s), operator, and responsible local person who shall replace the previous version;

(iii)

The number of bedrooms offered for overnight lodging and the number of overnight lodgers shall not exceed that which is indicated on the approved floor plan; however, in no case shall a short-term rental offer for lodging more than five (5) bedrooms and shall not allow more than ten (10) overnight lodgers;

(iv)

The maximum number of overnight lodgers shall be based upon Section 404.4.1 of the Virginia Property Maintenance Code (VPMC), as amended, and will be reviewed and approved prior to operation. The maximum number shall be indicated on the approved floor plan per Section 3-3(29)(b)(i), and the "Short-Term Rental Fact Sheet" per Section 3-3(29)(b)(ii);

(v)

The maximum number of people on the property between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed that authorized by the approved floor plan for overnight lodging. The maximum number of people on the property between the hours of 7:00 a.m. and 10:00 p.m. shall not exceed twice the number authorized by the approved floor plan for overnight lodging;

(vi)

Sufficient parking shall be provided at all times to meet the minimum required parking for all uses at the property pursuant to Section 11-2 of the zoning ordinance. All parking within the street frontage yard shall be on an improved surface, as defined in Chapter 2 of the zoning ordinance;

(vii)

Exterior signage in conjunction with a short-term rental shall be prohibited at all times;

(viii)

The short-term rental shall not include any events as defined within Chapter 2 of the zoning ordinance;

(ix)

The operator of the short-term rental must provide the name and contact information of a responsible local person. The responsible local person shall:

(a)

Be responsible for addressing complaints related to the use of the property as a short-term rental, including but not limited to, noise, capacity, suspected criminal activity on the property, unpermitted parking, events, and other similar violations, as soon as reasonably practicable;

(b)

Reside in the Commonwealth of Virginia;

(c)

Respond to any call from the City of Hampton regarding any notification of an issue related to the operation of the short-term rental within one (1) hour of the notification by the City;

(d)

Be considered a responsible party under Section 1-11 of the zoning ordinance, shall accept service of any notices of violation and summonses upon request of the City, and shall be responsible for abating any violation of these conditions; and

(e)

In the event the responsible local person's contact information needs to be updated or changed, the responsible local person shall contact and inform the Zoning Administrator, in writing, and shall also update the "Short-Term Rental Fact Sheet," as required by Section 3-3(29)(b)(ii), to include the appropriate contact information.

(x)

The short-term rental shall maintain compliance with all applicable federal, state, and local laws, including but not limited to, the provisions of the zoning ordinance and City Code relating to noise, setbacks, and building code requirements;

(xi)

The short-term rental shall obtain and maintain all applicable licenses prior to operating the short-term rental use, including but not limited to, obtaining a business license with the Commissioner of Revenue;

(xii)

Upon the City implementing a short-term rental registry, the operator of the short-term rental shall, within thirty (30) days of notice given by the City, register the property and keep registration up-to-date;

(xiii)

The operator of the short-term rental shall keep records of all rentals showing the date(s) rented, the name of the primary person(s) who booked the reservation, the number of overnight lodgers featured in the reservation, and all listings associated with the short-term rental. This list shall be available to the Zoning Administrator or their designee upon request within one (1) day;

(xiv)

Prior to operation of a short-term rental, the operator of the short-term rental shall schedule an inspection and provide the City consent to inspect the dwelling to ascertain compliance with all applicable standards and codes;

(xv)

In the second calendar year after receiving approval, and every two (2) years thereafter, the City shall notify the responsible local person and short-term rental operator that a re-inspection is required to verify the continuation of the short-term rental use and compliance with all conditions. The short-term rental operator shall schedule, pay for, and pass said inspection within the notice period as prescribed by the City. Failure to do so will be a violation of this ordinance and result in revocation of the zoning administrator permit;

(xvi)

The short-term rental shall not be advertised to operate in a manner that contradicts the standards and conditions of the zoning ordinance; and

(xvii)

The short-term rental operator shall comply with all reasonable requests by the City for information to verify compliance with the conditions of this Section 3-3(29).

(c)

The following additional standards shall be met by all short-term rentals:

(i)

The short-term rental shall comply with the provisions of the Short-Term Rental Overlay District in Chapter 9 of the zoning ordinance, as amended;

(ii)

The short-term rental shall only be permitted in a dwelling unit which was previously legally established for a use other than short-term rentals; and

(iii)

Only one (1) short-term rental zoning administrator permit or Use Permit shall be issued for a property. Such short-term rental permit shall not exceed more than nine (9) bedrooms offered for overnight lodging on the property.

(d)

Notwithstanding Section 1-10.1(7) of the zoning ordinance, a permittee aggrieved by the decision of the Zoning Administrator to revoke their zoning administrator permit issued under this Section 3-3(29) shall appeal that decision to City Council.

(e)

Short-term rentals for which a complete Use Permit application, as determined by the Zoning Administrator, was submitted prior to June 30, 2024 shall be approved as a zoning administrator permit if the proposed operation complies with the requirements of Section 3-3(29)(a) and all other provisions of the zoning ordinance. Use Permit applications which have a pending public hearing date as of June 30, 2024 may request to be considered as a zoning administrator permit if the proposed operation complies with the requirements of Section 3-3(29)(a).

(f)

Short-term rentals for which a business license was issued and zoning compliance was confirmed pursuant to Section 18.1-12 of the City Code prior to December 14, 2022 may operate continuously in the same location until December 31, 2024 provided that the short-term rental maintains compliance with all applicable City Code and Zoning Ordinance provisions during that time. After December 31, 2024, the short-term rental must obtain approval as required by this section in order to continue operation.

(g)

Regulations governing the operation of all short-term rentals, including the requirement for a Use Permit, were originally effective December 14, 2022. Sections 3-3(29)(a)—(e) shall have an effective date of September 1, 2024.

(30)

Small artisan shop in the PH-1, PH-2, PH-3, C-2 and C-3 districts is required to have a retail sales component as part of any such use. Additionally in the PH-1, PH-2, and PH-3 districts, total area of such use shall not exceed five thousand (5,000) square feet.

(31)

Storage of materials, indoor or outdoor, including equipment rental and contractor's storage in the LBP, M-1, M-2, M-3, LFA-1, LFA-2, HRC-2, and HRC-3 districts.

(a)

Storage areas shall be set back a minimum of twenty (20) feet from any existing or proposed public rights-of-way, and twenty (20) feet from any property line that abuts a residential, commercial, or special public interest district. Notwithstanding the provisions of chapter 12 hereof, any business utilizing outdoor material storage on December 14, 1988, shall be permitted to expand such storage area on property owned by said business on December 14, 1988, without conforming to the above setbacks, so long as the storage area does not violate the green area requirements of the city zoning ordinance. In the case where the expansion abuts a residential, commercial, or special public interest zone, a twenty-foot setback shall be required.

(b)

Any fence enclosing a storage area shall not violate the required setback.

(c)

Storage area setbacks shall be landscaped in accordance with the "City of Hampton Landscape Guidelines" kept on file in the department of community development, development services center. Notwithstanding the provisions of chapter 12 hereof, businesses utilizing outdoor material storage on December 14, 1988, shall be permitted to expand their storage area on property owned by said business on December 14, 1988, without conforming to the above landscaping requirements in accordance with the provisions of chapter 35.1 of the city code.

(d)

The number of freight containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side, to a maximum of three (3) containers stacked vertically. Additionally, the stacked containers shall comply with the wind load requirements of the building code.

(e)

Appropriate BMPs shall be employed as required by chapter 33.1 of the city code to prevent off-site release of stored materials.

(32)

Vehicle storage, outdoor in the C-3, M-2, M-3, LFA-1, LFA-2.

Use shall be conducted wholly within an area enclosed by an eight (8) foot tall fence.

(33)

Communication antenna, commercial building-mounted in all districts. The following minimum conditions shall be met:

The following criteria regulate the use of less obtrusive support structures that are alternatives to traditional monopole and tower-based facilities, by accommodating installations on existing structures. Existing structures includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers. Such installations may include but not be limited to rooftop installations and permitted rooftop mechanical enclosures; installations on the face of a building; co-location on an existing pole; installations on otherwise permitted water towers and within otherwise permitted ornamental towers and steeples.

(a)

Applications to co-locate small cell wireless facilities on third-party existing structures shall comply with the following requirements:

(i)

No wireless infrastructure provider shall co-locate a small cell facility in or on any existing structure without first obtaining a Wireless Infrastructure Permit (WIP) from the Department in accordance with this division.

(aa)

Notwithstanding the foregoing, a WIP shall not be required for (i) routine maintenance or (ii) the replacement of wireless facilities or wireless support structures within a six-foot perimeter with wireless facilities or wireless support structures that are substantially similar or the same size or smaller.

(ii)

Application for permit. The department shall establish a standard application form for Wireless Infrastructure Permits under this section.

(aa)

Applicants may submit not more than thirty-five (35) individual permit requests with each application.

(bb)

Applicants shall deliver applications to the department, together with an application fee. No application shall be reviewed unless and until the application fee has been paid.

(cc)

The application fee shall be $100.00 apiece for each of the first five (5) individual permit requests included with a single application, plus $50.00 apiece for each additional individual permit request above five (5) included with a single application.

(iii)

Materials to be submitted with WIP applications to co-locate small cell wireless facilities on third-party existing structures:

(aa)

When filing an application, an applicant shall submit the applicant's name and a valid electronic mail address at which the applicant may be contacted;

(bb)

When filing an application, for each individual permit requested in the application, the applicant shall provide, unless waived or modified by the department:

(1)

The address and latitude/longitude of the existing structure on which the small cell facility will be co-located and the nearest Land Record Serial Number (LRSN) from the city's Geographic Information System;

(2)

The name of the owner of the existing structure and an agreement or other evidence showing the owner has granted permission to the applicant to co-locate on the existing structure, which evidence may include the owner's signature on the application or other documents;

(3)

Copies of any approvals for the site granted by a federal agency, including conditions imposed by that agency;

(4)

Engineer-certified intermodulation study and other documentation to the extent permitted by law demonstrating that the small cell facility and operation thereof will not interfere with city pre-existing communications facilities;

(5)

Plans clearly depicting the dimensions and specifications of the small cell facility, including the antennae, base station, and all assorted wireless equipment;

(6)

Detailed elevation drawings showing the co-location of the small cell facility, including the base station and all other associated equipment on the existing structure; and

(7)

To the extent permitted by law, such additional materials as are listed on the application form established by the Department and are reasonably required by the department to determine the approvability of a permit in accordance with this Section.

(iv)

Any application not including the required application fee and all of the information listed in this section may be deemed incomplete by the department.

(v)

The application review process to co-locate small cell wireless facilities on third-party existing structures shall comply with the following requirements:

(aa)

Provided the applicant has and paid the appropriate application fee, within ten (10) days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval.

(bb)

During review of a complete application, the department may request the applicant to provide additional information which is reasonably required to the extent permitted by law to determine the approvability of a permit in accordance with this section.

(cc)

Within sixty (60) days of submittal of a complete application, the Department shall, for each individual permit request included in an application: (i) approve the individual permit request; or (ii) deny the individual permit request in writing, including a written explanation of the reason[s] for denial. The Department may extend the sixty (60) day period in writing for a period not to exceed an additional thirty (30) days. The application shall be deemed approved if the Department fails to act within the greater of the initial sixty (60) days or an extended thirty (30) day period.

(vi)

Standards of review for applications and bases for denial.

(aa)

Upon confirmation that an application is complete, the department shall review the permit requests. No individual permit request included in a complete application shall be denied except for one (1) or more of the following reasons:

1.

Lack of conformance with this division, applicable federal and state law, including, but not limited to the Uniform Statewide Building Code;

2.

To the extent permitted by law, the City of Hampton Wireless Infrastructure and Small Cell Facility Design Standards;

3.

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;

4.

The public safety or other critical public service needs; or

5.

Conflict with an applicable local ordinance adopted pursuant to § 15.2-2306, or pursuant to local charter on a historic property that is not eligible for the review process established under U.S.C. § 306108.

(b)

Applications to co-locate non-small cell wireless facilities on third-party existing structures shall comply with the following requirements:

(i)

No Wireless infrastructure provider shall co-locate a small cell facility in or on any existing structure without first obtaining a Wireless Infrastructure Permit (WIP) from the Department in accordance with this division.

(aa)

Notwithstanding the foregoing, a WIP shall not be required for (i) routine maintenance or (ii) the replacement of wireless facilities or wireless support structures within a six-foot perimeter with wireless facilities or wireless support structures that are substantially similar or the same size or smaller.

(ii)

Application for permit. The department shall establish a standard application form for Wireless Infrastructure Permits under this section.

(aa)

Applicants may submit not more than one (1) individual permit request with each application.

1.

Applicants shall deliver applications to the Department, together with an application fee. No application shall be reviewed unless and until the application fee has been paid.

2.

The application fee shall be $500.00.

(iii)

Materials to be submitted with WIP applications to co-locate non-small cell wireless facilities on third-party existing structures:

(aa)

When filing an application, an applicant shall submit the applicant's name and a valid electronic mail address at which the applicant may be contacted;

(bb)

When filing an application, for each individual permit requested in the application, the applicant shall provide, unless waived or modified by the department:

1.

The address and latitude/longitude of the existing structure on which the small cell facility will be co-located and the nearest Land Record Serial Number (LRSN) from the city's Geographic Information System;

2.

The name of the owner of the existing structure and an agreement or other evidence showing the owner has granted permission to the applicant to co-locate on the existing structure, which evidence may include the owner's signature on the application or other documents;

3.

Copies of any approvals for the site granted by a federal agency, including conditions imposed by that agency;

4.

Engineer-certified intermodulation study and other documentation to the extent permitted by law demonstrating that the non-small cell facility and operation thereof will not materially interfere with city pre-existing communications facilities;

5.

Plans clearly depicting the dimensions and specifications of the non-small cell facility, including the antennae, base station, and all assorted wireless equipment;

6.

Detailed elevation drawings showing the co-location of the non-small cell facility, including the base station and all other associated equipment on the existing structure; and

7.

To the extent permitted by law, such additional materials as are listed on the application form established by the department and are reasonably required by the Department to determine the approvability of a permit in accordance with this section.

(iv)

Any application not including the required application fee and all of the information listed in this section may be deemed incomplete by the Department.

(v)

The application review process to co-locate non-small cell wireless facilities on third-party existing structures shall comply with the following requirements:

(aa)

Provided the applicant has and paid the appropriate application fee, within ten (10) days after receipt of an application and a valid electronic mail address for the applicant, the locality shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval.

(bb)

During review of a complete application, the department may request the applicant to provide additional information which is reasonably required to the extent permitted by law to determine the approvability of a permit in accordance with this Section.

(cc)

Within ninety (90) days of submittal of a complete application, the Department shall (i) approve the individual permit request; or (ii) deny the individual permit request in writing, including a written explanation of the reason[s] for denial. The 90-day period may be extended by mutual agreement in writing between the applicant and the Department. The application shall be deemed approved if the Department fails to act within the greater of the initial ninety (90) days or within any mutually agreed extension thereof.

(vi)

Standards of review for applications and bases for denial.

(aa)

Upon confirmation that an application is complete, the Department shall review the permit requests. No individual permit request included in a complete application shall be denied except for one or more of the following reasons:

1.

Lack of conformance with this division, applicable federal and state law, including, but not limited to the Uniform Statewide Building Code; or, to the extent permitted by law, the City of Hampton Wireless Infrastructure and Small Cell Facility Design Standards;

2.

The proposed wireless facilities have a negative aesthetic impact on the surrounding area, considering the size and design of the facilities and the historic, residential, or commercial character of the surrounding area;

3.

The proposed wireless facilities pose a risk to the public safety, including but not limited to public travel within the public way;

4.

The proposed wireless facilities are inconsistent with the city's existing or planned public safety communications system; or

5.

Alternative, less impactful locations which reasonably meet the needs of the applicant are available for placement of the wireless facilities as allowed by law.

(34)

Communication tower, commercial in all districts.

(a)

Applications to install new structures that meet the definition of administrative review-eligible project shall be permitted by right and shall comply with the following additional standards:

(i)

Application for Permit. The Department shall establish a standard application form for Wireless Infrastructure Permits under this section.

(aa)

Applicants shall submit one (1) application per proposed new structure location.

(bb)

Applicants shall deliver applications to the department, together with an application fee. No application shall be reviewed unless and until the application fee has been paid.

(cc)

The application fee shall be $500.00.

(ii)

Materials to be submitted with WIP applications to install new structures that meet the definition of administrative review-eligible project:

(aa)

When filing an application, an applicant shall submit the applicant's name and a valid electronic mail address at which the applicant may be contacted;

(bb)

When filing an application, for each individual permit requested in the application, the applicant shall provide, unless waived or modified by the department:

1.

The address and latitude/longitude of the proposed new structure, and the nearest Land Record Serial Number (LRSN) from the city's Geographic Information System;

2.

Plans clearly depicting the dimensions and specifications of the new structure and all wireless facilities to be attached to the new structure, including the antennae, base station, and all assorted wireless equipment. The plans shall depict all materials existing conditions in the vicinity of the new structure, including but not limited to limits of the public right-of-way; all existing public and privately-owned utility and infrastructure improvements, such as water mains, water meters, sanitary sewer, storm sewer, electrical, gas, telecommunications, manholes, stormwater basins, sidewalks, curbs, gutters, street trees, and traffic signal facilities. For convenience of site planning, it is highly recommended that the plans also depict the proposed routing of utilities to the new structure;

3.

Engineer-certified intermodulation study; and other documentation to the extent permitted by law demonstrating that the wireless facilities to be attached to the new structure, and operation thereof, will not interfere with City pre-existing communications facilities;

4.

Detailed elevation drawings, including the materials to be used, showing the new structure and wireless facilities to be attached to the new structure, including the base station and all other associated equipment;

5.

A copy of the written notice given to adjacent landowners at least fifteen (15) days before the application is submitted, in accordance with any notice requirements the city may prescribe.

6.

Upon request from the department, a copy of the franchise, encroachment, or other similar license agreement, if applicable, from the city council allowing the installation of new structures in the city right-of-way; and

7.

To the extent permitted by law, such additional materials as are listed on the application form established by the department and are reasonably required by the city engineer to determine the approvability of a permit in accordance with this section.

(iii)

Any application not including the required application fee and all of the information listed in this section may be deemed incomplete by the department.

(iv)

Standards of review for application and bases for denial.

(aa)

Upon confirmation that an application is complete, the department shall review the permit requests. No individual permit request included in a complete application shall be denied except for one or more of the following reasons:

1.

Lack of conformance with this division; applicable franchise, encroachment, or other license agreement; applicable federal and state law, including, but not limited to the Uniform Statewide Building Code; or, to the extent permitted by law, the City of Hampton Wireless Infrastructure and Small Cell Facility Design Standards;

2.

The proposed new structure does not meet the definition of an administrative-eligible review project.

3.

The proposed wireless support structure or wireless facilities does not comply with applicable law and the terms of the wireless facilities franchise agreement, if applicable;

4.

The proposed wireless support structure is not reasonably consistent with existing structures and aesthetics, is not in harmony with the surrounding improvements, or does not conceal within the pole all wires and supporting equipment to the greatest extent possible;

5.

The proposed wireless support structure or wireless facilities poses a risk to the public safety, including, but not limited to, public travel within the public way;

6.

The proposed wireless support structure or wireless facilities is inconsistent with the City's existing or planned public safety communications system;

7.

Alternative, less impactful locations which reasonably meet the needs of the applicant are available for placement of the wireless facilities intended to be attached to the wireless support structure as allowed by law.

(b)

Commercial communication towers not meeting the definition of administrative review-eligible project are subject to obtaining a use permit by city council. The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns. Conditions shall include, but are not limited to, the following:

(i)

Submission of:

(aa)

Plans clearly depicting the dimensions and specifications of the new structure and all wireless facilities to be attached to the new structure, including the antennae, base station, and all assorted wireless equipment. The plans shall depict all materials existing conditions in the vicinity of the new structure, including but not limited to limits of the public right-of-way; all existing public and privately-owned utility and infrastructure improvements, such as water mains, water meters, sanitary sewer, storm sewer, electrical, gas, telecommunications, manholes, stormwater basins, sidewalks, curbs, gutters, street trees, and traffic signal facilities. In addition, the plans shall depict the proposed routing of utilities to the new structure;

(bb)

Engineer-certified intermodulation study; and other documentation to the extent permitted by law demonstrating that the wireless facilities to be attached to the new structure, and operation thereof, will not interfere with city pre-existing communications facilities;

(cc)

Detailed elevation drawings, including the materials to be used, showing the new structure and wireless facilities to be attached to the new structure, including the base station and all other associated equipment;

(dd)

Upon request from the department, a copy of the franchise, encroachment, or other similar license agreement, if applicable, from the city council to allowing the installation of new structures in the city right-of-way, in accordance with subsection (a) of this section; and

(ii)

Conformance with this division; applicable franchise, encroachment, or other license agreement; applicable federal and state law, including, but not limited to the Uniform Statewide Building Code; or, to the extent permitted by law, the City of Hampton Wireless Infrastructure and Small Cell Facility Design Standards;

(iii)

The proposed wireless support structure must be reasonably consistent with existing structures and aesthetics, in harmony with the surrounding improvements, and conceals within the pole all wires and supporting equipment to the greatest extent possible;

(iv)

The proposed wireless support structure or wireless facilities shall not pose a risk to the public safety, including, but not limited to, public travel within the public way;

(v)

The proposed wireless support structure or wireless facilities shall be consistent with the City's existing or planned public safety communications system;

(vi)

No alternative, less impactful locations which reasonably meet the needs of the applicant are available for placement of the wireless facilities intended to be attached to the wireless support structure as allowed by law.

(35)

Excavation, filling, borrow pit operation, extraction, processing or removal of soil in all districts.

Provided that nothing herein shall be construed to require the securing of a use permit for the following: swimming pool construction, construction of foundation, landscaping activities on a single lot or parcel, the stripping of sod for agricultural purposes, an approved subdivision plan, activities in connection with a planned unit development, or activities in connection with an approved site plan. The controlled activity shall be subject to the following and subject to securing a use permit. In addition:

(a)

The minimum lot size for any use in this category shall be two (2) acres.

(b)

The excavations shall be confined to areas distant at least one hundred (100) feet from all adjoining property lines and distant at least two hundred (200) feet from any dwelling, existing street, or proposed right-of-way and all property lines in a platted subdivision, except that the provisions of this paragraph may be varied when the excavation lies completely within the external boundaries of an approved subdivision and is designed as an integral part thereof; provided that this section shall not apply to borrow pits located wholly within the bed of a navigable stream.

(c)

The areas for approved activities shall be delineated on a plat prepared by a certified land surveyor licensed to practice in the Commonwealth of Virginia.

(d)

No trees or other existing growth shall be removed from the site except in the area to be excavated and in the right-of-way of haul roads, except that an area not to exceed ten thousand (10,000) square feet may be cleared for operational offices, shops, and storage areas. In all cases, existing vegetation shall not be removed immediately prior to excavation in that particular area.

(e)

Access shall not be from a minor residential street. All vehicular access from the premises on which such operations are conducted to any public roads shall be located to secure public safety, lessen congestion, and facilitate transportation, and shall be so maintained as to eliminate any nuisance from dust to neighboring properties. The city council may deny the application if it finds that excessive traffic congestion or street deterioration would result from the operation.

(f)

All equipment used for the production or transportation of materials shall be located, constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noises, vibrations, or dust which are injurious to persons living in the vicinity. Additional equipment not directly involved with the activity shall not be stored or maintained on the premises.

(g)

The slope of the banks of all excavations under this section shall be designed and maintained as follows: For the first one hundred (100) linear feet towards the center from the perimeter, the slope shall not be steeper than three (3) feet horizontal to one (1) foot vertical; for the second one hundred (100) linear feet, the slope shall not be steeper than two (2) feet horizontal to one (1) foot vertical; and for distances over two hundred (200) feet, the slope shall not be steeper than one (1) foot horizontal to one (1) foot vertical unless soil or other conditions are such that a flatter slope is required to ensure adequate stability and safety.

(h)

The slope of the banks of any fill under this subsection shall not exceed one and one-half (1½) feet horizontal to one (1) foot vertical without the use of an approved retaining wall. A flatter slope than one and one-half (1½) to one (1) may be required if the conditions of the fill material or other conditions are such that a flatter slope is necessary to ensure adequate stability and safety. When filling is to be done adjacent to tidal marshes, an earthen dike or berm shall be established around the portion adjacent to the marsh. The top of the slope of the bank of the dike may not be closer than fifteen (15) feet to the saltbush Sine or other evidence of the upper limits of the marsh, and the slope of the bank on the marsh side shall not exceed three (3) feet horizontal to one (1) foot vertical. A vegetative cover shall be established upon the dike.

(i)

A body of freestanding water will be permitted when the grades of slopes, depth of excavation, and run-off structures are approved as not creating a public nuisance or public health hazard. All woody vegetation and debris will be removed from all slopes prior to the pit being filled with water for a distance of one hundred (100) linear feet from the ultimate shore line.

(j)

A specific plan of systematic operation and rehabilitation shall be submitted and approved which shall provide in all respects for the adequate safeguarding and protection of other nearby interests and the general public health, safety, convenience, prosperity, and welfare, and which shall include a plan and program showing, by contour maps and otherwise, how the land is to be restored to a safe, stable, usable, and generally attractive condition by regrading, draining, planting, or other suitable treatment to resist erosion and conform substantially with adjacent land characteristics.

(k)

In the case of activities approved pursuant to this subsection, a reduction in the size of the proposed project may be permitted provided that all other provisions of the section are met and provided that such reduction shall be approved by the director of community development.

(l)

In consideration of applications under this sub-subsection, the council may vary, alter, or modify the specific provisions set forth herein in order to provide for more effective land use and development; giving due regard to the uniqueness and particular characteristics of the parcel of land involved,

(36)

Promotional event in the C-1, C-2, C-3, M-2, RT-1, PH-1, PH-2, PH-3, DT-1, and DT-2 districts.

The following minimum conditions shall be met:

(a)

That an operating permit be secured from the zoning administrator at a cost of fifty dollars ($50.00) for each permit issued.

(b)

That the event conform and comply with the guidelines following:

(i)

All rides shall be inspected and approved by the city building official for safety and soundness.

(ii)

All rides shall be surrounded with a restraining barrier to limit access to the rides.

(iii)

All electrical wiring shall, to the greatest extent possible, be placed in areas generally not open to the public or protected from public contact.

(iv)

All facilities for the preparation or dispensing of food shall be approved by the city health official.

(v)

The sponsors or operators of the event shall provide security forces adequate to maintain order at the site.

(vi)

The event, if held in a parking area, shall not occupy more than ten (10) percent of the total parking area.

(vii)

The sponsor or operator of the event shall provide proof of liability insurance in an amount predetermined by council.

(viii)

The hours of operation shall be established at the time of application. However, no such event shall extend beyond the normal operating hour of the establishment being promoted.

(ix)

The provisions of these regulations in no way exempts any such event from complying with all other state and local codes and ordinances.

(x)

All animals in any event shall be inoculated as required and approved by the city health official.

(xi)

Enclosures, buildings, shelters, and/or related equipment that may present a fire hazard shall be inspected and approved for use by the fire marshal.

(c)

That any such event shall be limited to not more than thirty (30) consecutive calendar days.

(d)

That the zoning administrator shall not issue any operating permit if the proposed event would violate any provisions of the zoning ordinance or any other city codes or ordinances.

(37)

Agriculture/farming in the R-R district shall be on a lot with a minimum of three (3) acres.

(a)

That no structure or yard for the keeping of any animals, other than as described in section 1-24(4) be within 100 feet of any property line.

(38)

Kennel in the R-R, C-3, M-1, M-2, M-3, and LBP shall comply with the following minimum conditions:

(a)

In the R-R district, kennels shall have all buildings and areas used for such purposes located at least one hundred (100) feet from all side and rear property lines.

(b)

In all districts, the use shall be conducted wholly within an enclosure as defined in City Code Chapter 5, as amended. In all cases, animal-related noises shall comply with City Code section 22-9, as amended.

(c)

The use shall comply with all requirements of City Code Chapter 5, as amended, including but not limited to requirements regarding licensing and care of the animals.

(d)

If an outdoor run is included, the following additional conditions shall also apply:

(i)

Animals shall not be kept unattended in the outdoor run during the hours of 10:00 p.m. to 7:00 a.m.;

(ii)

The outdoor run shall be fenced with a minimum fence height of six (6) feet; and

(iii)

If the lot upon which the establishment is located abuts any lot zoned R or MD district, any outdoor run shall comply with the following:

(a)

The outdoor run shall not be located closer than twenty (20) feet of the residentially zoned lot's abutting lot line.

(b)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, any fencing used for the perimeter of the enclosure shall be opaque and at least six (6) feet in height. Barbed wire and electric fences are expressly prohibited.

(c)

If the outdoor run is located within one hundred (100) feet of any residentially zoned lot, it shall have screening per the City of Hampton Landscape Guidelines.

(39)

Silviculture/plant nursery, no retail sales in the RT-1 district shall be on a minimum of five (5) acres.

(40)

Motorcycle sales in the C-2 district shall be within a wholly enclosed building.

(41)

Motorcycle service in the C-2 district shall be within a wholly enclosed building.

(42)

Multifamily dwelling in MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, RT-1, BB-2, BB-3, BB-4, BB-5, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-2, and FM-3 districts shall comply with the following:

(a)

In the MD-2, MD-3, MD-4, R-M, C-2, RT-1 districts, the use permit requirement shall not apply to buildings and structures used as multifamily dwellings if they were legally established on October 13, 2021 or to those for which a significant affirmative governmental act, as defined by section 15.2-2307 of the Code of Virginia, as amended, has been obtained and remains in effect as of October 13, 2021, which allows development of the specific project, including but not limited to, having obtained an approved site plan for the building or structure. Such buildings and structures shall be grandfathered and considered permitted uses—as opposed to legal nonconforming uses—as long as the multifamily use continues and the buildings or structures remain in their then structural condition. The requirements of this section shall apply, however, to any alterations of such buildings or structures in a manner not approved prior to October 13, 2021, and upon the cessation of the multifamily use for a period longer than two (2) years.

(b)

In the DT-1, DT-2, and DT-3 districts, the following additional standards shall be required. In the event of a mixed-use development proposal involving a multifamily dwelling use, the requirements for multifamily dwellings shall supersede any conflicting standards that apply more generally to the development.

(i)

The standards in this subsection (b) shall not apply to buildings and structures used as multifamily dwellings if they were legally established on October 13, 2021 or to those for which a significant affirmative governmental act, as defined by section 15.2-2307 of the Code of Virginia, as amended, has been obtained and remains in effect as of October 13, 2021, which allows development of the specific project, including but not limited to, having obtained an approved site plan for the building or structure. Such buildings and structures shall be grandfathered and considered permitted uses—as opposed to legal nonconforming uses—as long as the multifamily use continues and the buildings or structures remain in their then structural condition. The requirements of this section shall apply, however, to any alterations of such buildings or structures in a manner not approved prior to October 13, 2021, and upon the cessation of the multifamily use for a period longer than two (2) years.

(ii)

The minimum residential development density shall be thirty (30) units per buildable acre.

(iii)

The primary entrance for all multifamily dwelling buildings abutting any public street shall face a public street. The primary entrance is not permitted from the parking area or alley.

(iv)

Off-street parking shall be prohibited in the front yard.

(v)

There shall be a fifteen (15) foot deep façade zone along the front lot line. Ninety (90) percent of the length of the façade zone shall be occupied by the multifamily dwelling building, except that required drive aisle(s) with associated sidewalks to access required off-street parking areas shall not be counted toward this percentage.

(vi)

A minimum of twenty (20) percent of the first floor street-adjacent building façades shall be comprised of glass windows and/or glass doors.

(vii)

There shall be at least one (1) first floor window on all façades of all buildings containing residential dwelling units.

(viii)

All buildings containing residential dwelling units shall be a minimum of two (2) stories.

(ix)

The minimum ceiling height of the first floor of a building containing residential dwelling units shall be ten (10) feet.

(x)

For any building with residential dwelling area on the ground floor and which faces a public right-of-way, the first finished floor of the dwellings shall be a minimum of thirty-six (36) inches above the grade of the public sidewalk at the primary entrance to the building.

(xi)

Sixty (60) percent of all residential dwelling units part of the development shall have access to an open space amenity either in the form of individual space for the unit's use, or shared common space which is sized in such a way to accommodate all of the required units as further described below. In the event that the requirement causes a fraction of a unit, the requirement shall be rounded up to the nearest whole number.

(aa)

Individual open space amenities shall have a minimum dimension of four (4) feet by six (6) feet.

(bb)

Shared common space may only be used as an open space amenity when accommodating more than four (4) units. Such shared common space must be sized to provide at least sixteen (16) square feet per each unit. The shared common space shall have a minimum dimension of eight (8) by eight (8) feet.

(xii)

When the development has fifty (50) or more residential dwelling units, at least one (1) of the following active recreation amenities shall be provided on the same lot: swimming pool, clubhouse or similar common room, lighted tennis court, lighted basketball court, shuffleboard area, dock, pier, boat ramp, dog park, or other similar active recreation amenity as approved by the Zoning Administrator. The amenity required by this subsection shall not be counted towards the requirement of section 3-3(42)(b)(xi).

(c)

Multifamily dwellings which do not meet the by-right optional incentive standards set forth under subsection (b) are subject to obtaining a use permit. When considering a use permit, the city will follow the criteria for use permit review set forth in chapter 14, as amended, in order to determine suitability of the development for the proposed location.

(d)

In the MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, RT-1, BB-2, BB-3, BB-4, BB-5, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-2, and FM-3 districts, multifamily dwellings may utilize dwelling units for short-term lodging of guests of long-term residents as an accessory to the multifamily dwelling use and not considered a short-term rental primary use, provided that:

(i)

The short-term lodging of guests of long-term residents is an amenity dictated in the long-term resident's lease;

(ii)

The multifamily dwelling complex must have at least fifty (50) units;

(iii)

The multifamily dwelling complex must have on-site management; and

(iv)

No more than ten (10) percent of dwelling units, rounded down, may be utilized for the short-term lodging of guests of long-term residents.

(43)

Ice storage and distribution in the C-3 district shall have a maximum capacity of five (5) tons.

(44)

Laboratory or research office in the LBP, M-1, M-2, LFA-2 LFA-3, LFA-4, LFA-6, PH-1, PH-2, PH-3, HRC-1, HRC-2, and HRC-3 districts shall not permit the testing of explosives.

(45)

Boat sales in the LFA-1 district shall be limited to five thousand (5,000) square feet.

(46)

Community garden in all districts shall be permitted only:

(a)

As a primary use on city-owned vacant property, designated by city council, as set forth in the Community Garden Rules and Guidelines;

(b)

As an accessory use on publicly-owned land; or

(c)

As an accessory to a religious facility, educational, nonprofit, or charitable use.

(47)

Micro-brewery/distillery/winery in the M-1, M-2, M-3, HRC-1, HRC-2, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-3, and FM-4 districts shall obtain a Zoning Administrator Permit and comply with the following additional standards:

(a)

Micro-brewery/distillery/winery 2 in the PH-1, PH-2, PH-3, DT-1, DT-2, and FM-2 districts shall include a retail component which is open to the general public;

(b)

The hours of operation of any dining or retail component shall be between 5:00 a.m. and 12:00 a.m. Production operations may occur at all hours of the day;

(c)

The micro-brewery/distillery/winery shall maintain compliance with all applicable federal and state laws and requirements of licensing agencies, including but not limited to ABC licensing;

(d)

The micro-brewery/distillery/winery shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not be limited to, noise, setbacks, and building code requirements;

(e)

A floor plan shall be provided showing the arrangement of all tables, chairs, and performance area, if any, which once approved by the city, shall become binding;

(f)

Any live entertainment shall comply with the following conditions:

(i)

Live entertainment shall be conducted inside the building only;

(ii)

The performance space shall be seventy-five (75) square feet or less;

(iii)

The layout approved in the submitted floor plan shall remain in place for live entertainment performances and no dance floor or similar open gathering space shall be permitted;

(iv)

The hours of operation for live entertainment shall not extend beyond the hours of operation of the micro-brewery/distillery/winery; and

(v)

Each ingress/egress point in the establishment shall be monitored by an attendant during the hours of live entertainment. The establishment shall provide an additional attendant(s), as may be determined necessary by the Zoning Administrator, to monitor vehicle parking areas that serve the establishment in order to control patron behavior upon exit of the building into the parking areas and maintain compliance with these conditions and other City Code requirements.

(g)

Any outdoor dining shall comply with the following conditions:

(i)

Outdoor dining shall not be permitted within the M-1, M-2, M-3, HRC-1, and HRC-2 zoning districts;

(ii)

Within the DT-1, DT-2, PH-1, PH-2, PH-3, FM-3, and FM-4 districts, the hours of operation of the outdoor dining area shall not extend beyond the hours of operation of the micro-brewery/distillery/winery.

(iii)

Within the LBP district, the hours of operation of the outdoor dining area shall not extend beyond 5:00 a.m. to 10:00 p.m.;

(iv)

Proposed dining operation and location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk, as determined by the Zoning Administrator;

(v)

The outdoor dining area shall be clearly delineated through use of barriers, landscaping, surface materials, or other similar means as determined by the Zoning Administrator;

(vi)

Tables, chairs and other furniture placed outdoors shall be readily available for use. Any furniture which is not readily accessible may not be stored outside, but must be stored within a wholly enclosed structure; and

(vii)

All outdoor lighting shall be focused downward and inward in a way that prevents spillover onto adjacent properties; and

(h)

The zoning administrator, or appointed designee, shall have the ability to revoke the zoning administrator permit upon violations of any of the above conditions.

(i)

All micro-breweries/distilleries/wineries in the M-1, M-2, M-3, HRC-1, HRC-2, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-3, and FM-4 districts requesting to operate outside the conditions set forth under the provisions of section 3-3(47)(a—h), and those in districts LFA-2, LFA-3, LFA-4, LFA-6, and FM-2 shall first obtain a use permit. The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns and city council may impose conditions that are more restrictive as set forth in Article I of Chapter 14 of the zoning ordinance.

Conditions shall include, but are not limited to, the following:

(i)

Hours of operation;

(ii)

Sound or noise; and

(iii)

Expiration of the use permit upon change in: ownership of the property; possession; or the operation or management of the facility.

(48)

Brewery/distillery/winery shall comply with the following minimum conditions:

(a)

All breweries/distilleries/wineries in the M-3, HRC-1, HRC-2, LBP, and FM-3 districts are subject to a zoning administrator permit with the following attached conditions:

(i)

The hours of operation shall not extend beyond 5:00 a.m. to 2:00 a.m.;

(ii)

The brewery/distillery/winery shall maintain compliance with all applicable federal and state laws and requirements of licensing agencies, including but not limited to ABC licensing;

(iii)

The brewery/distillery/winery shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not be limited to, noise, parking, setbacks, and building code requirements;

(iv)

A floor plan shall be provided and approved showing the arrangement of all tables, chairs, and performance area, if any;

(v)

Any live entertainment shall comply with the following conditions:

a.

Live entertainment shall be conducted inside the building only;

b.

The performance space shall be seventy-five (75) square feet or less;

c.

The layout approved in the submitted floor plan shall remain in place for live entertainment performances and no dance floor or similar open gathering space shall be permitted;

d.

The hours of operation for live entertainment shall not extend beyond the hours of operation of the brewery/distillery/winery; and

e.

Each ingress/egress point in the building shall be monitored by an attendant during the hours of live entertainment, and additional attendants may be required to monitor vehicle parking areas that serve the building and maintain and control patron behavior upon exit of the building into the parking areas;

(vi)

Any outdoor dining shall comply with the following conditions:

a.

Outdoor dining shall not be permitted within the M-3, HRC-1, and HRC-2 zoning districts;

b.

Within the FM-3 zoning districts, the hours of operation of the outdoor dining area shall not extend beyond the hours of operation of the brewery/distillery/winery.

c.

Within the LBP zoning district, the hours of operation of the outdoor dining area shall not extend beyond 5:00 a.m. to 10:00 p.m.;

d.

Proposed dining operation and location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk;

e.

The outdoor dining area shall be clearly delineated through use of barriers, landscaping, surface materials, or other similar means as determined by the zoning administrator;

f.

Tables, chairs and other furniture placed outdoors shall be readily available for use. Any furniture which is not readily accessible may not be stored outside, but must be stored within a wholly enclosed structure; and

g.

All outdoor lighting shall be focused downward and inward in a way that prevents spillover onto adjacent properties; and

(vii)

The zoning administrator, or appointed designee, shall have the ability to revoke the zoning administrator permit upon violations of any of the above conditions.

(b)

All breweries/distilleries/wineries in the M-3, HRC-1, HRC-2, LBP, and FM-3 districts requesting to operate outside the conditions set forth under the provisions of section 3-3(48)(a) and breweries/distilleries/wineries in the LFA-2, LFA-3, LFA-4, and LFA-6 districts shall first obtain a use permit. The city will evaluate each application on a site-by-site basis with regard to the surrounding land use patterns and city council may impose conditions that are more restrictive as set forth in article I of chapter 14 of the zoning ordinance. Conditions shall include, but are not limited to, the following:

(i)

Hours of operation;

(ii)

Sound or noise; and

(iii)

Expiration of the use permit upon change in: ownership of the property; possession; or the operation or management of the facility.

(49)

Day care 1, commercial in the C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3 and PO-1 districts are subject to a day care permit granted by the zoning administrator with the following attached conditions:

(a)

Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Sunday. For any day care 1, commercial operating in the C-1 district, all outdoor play activities shall be conducted between the hours of 8:00 a.m. to 6:00 p.m. Monday through Sunday;

(b)

Loading and unloading of clients from vehicles shall be conducted on-site and not on any public street or right-of-way;

(c)

Capacity shall not exceed the number listed on capacity certificate;

(d)

The day care operator must maintain a daily ledger containing the names of clients cared for;

(e)

The day care operator must obtain a Certificate of Occupancy prior to commencing the day care operation; and

(f)

The zoning administrator, or appointed designee, shall have the ability to revoke the day care permit upon violation of any of the above conditions.

(50)

Day care 2, commercial in the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, C-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and PO-1 districts. Such facilities are defined as those requesting to operate beyond the conditions set forth under the provisions of "day care 1, commercial" and are subject to obtaining a use permit by city council. Conditions shall include those listed in Section 14-6 Standards for Use Permit Application Review of the City of Hampton Zoning Ordinance.

(51)

Banquet hall in the PH-1, PH-2, PH-3, DT-1, FM-1, FM-3, and FM-4 districts are subject to a zoning administrator permit with the following attached conditions:

(a)

Events shall be private and not open to the general public, whether or not a fee is charged;

(b)

The hours of operation for a banquet hall shall not extend beyond 6:00 a.m. to 1:00 a.m. the following day.

(c)

During the time of any event, occupancy shall not exceed the number listed on the capacity certificate;

(d)

Live entertainment shall comply with City Code section 22-9 with respect to any sound or noise;

(e)

Sufficient staff shall be provided to monitor patron behavior upon their exit of the building into the surrounding areas;

(f)

When required by law, the restaurant must maintain a valid license from the Virginia Department of Alcoholic Beverage Control (VABC) and comply with all restrictions or requirements imposed by VABC. In addition, the banquet hall permit may be terminated for any violation of federal, state, or local law;

(g)

The property owner shall comply with section 4-16 of the Hampton City Code with respect to dancing on the premises and dance floor area;

(h)

Neither the facility nor any portion of it shall be leased, let, or used by any third party to stage an event for profit. No outside promoter shall be permitted to use, operate, rent, or host any event at the facility;

(i)

The operator must provide proof of and maintain liability insurance underwritten by insurers, indemnifying the property owner and operator against all claims which may arise in connection with the proposed activity.

(j)

The banquet hall permit shall be valid for eighteen (18) months from the date of approval by the zoning administrator. After twelve (12) months of operation, prior to the expiration date, the banquet hall permit will be scheduled for review by the zoning administrator to consider if the continuation of the banquet hall permit would not be detrimental to the public health, safety and welfare and that to continue the activities under the banquet hall permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the zoning district. The review will be based, in part, upon a physical site review, traffic flow and control, access to and circulation within the property, off-street parking and loading, hours and manner of operation, noise, light, neighborhood complaints, police service calls, and any violations of any federal, state or local law. If, after review, the zoning administrator determines that the banquet hall permit would not be detrimental to the public health, safety and welfare and that to continue the activities under the banquet hall permit would not cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land in the zoning district, the zoning administrator may administratively extend the banquet hall permit in five-year increments. Each such extension shall be subject to the same administrative review. If the zoning administrator determines that that the banquet hall permit would be detrimental to the public health, safety and welfare and that to continue the activities under the banquet hall permit would cause public inconvenience, annoyance, disturbance or have an undue impact on the community or be incompatible with other uses of land the zoning district, the zoning administrator will notify the permittee of a denial of the extension in writing in the same manner as required under chapter 1 of the zoning ordinance. 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. Nothing contained herein shall limit the rights of a permittee to seek a new banquet hall permit; and

(k)

The zoning administrator, or appointed designee, shall have the ability to revoke the banquet hall permit upon violation of any of the above conditions.

(l)

No zoning administrator permit for a banquet hall shall be issued for a location where a zoning administrator permit for a banquet hall was revoked within the previous twelve (12) months.

(52)

Storage Facility 1.

(a)

The building shall be mixed-used as follows:

(i)

Mixed-use shall include two (2) or more land uses within a building as defined by the following use groups identified in section 3-2, Table of Uses Permitted: Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional; Recreational; and/or Industrial, and as permitted by the governing zoning district. The storage facility shall not be counted towards the two (2) or more uses. Two (2) or more uses, other than storage facility, must be established (as evidenced by an issued Certificate of Occupancy) prior to the issuance of a Certificate of Occupancy for the storage facility.

(ii)

No storage units shall be located on the ground floor; however, a maximum of thirty (30) percent of the ground floor area may be used as storage related office and/or retail space.

(b)

The storage of flammable, perishable, or hazardous materials or the keeping of animals shall be prohibited.

(c)

Loading docks, loading bays, or loading entrances shall not be located on the right-of-way facing side(s) of the building. This does not include the main entrance to the rental office and/or related retail space.

(53)

Storage Facility 2.

(a)

The building and/or the parcel shall be mixed-used as follows:

(i)

Mixed-use shall mean two (2) or more land uses within a building, parcel, and/or shopping center as defined by the following use groups identified in section 3-2, Table of Uses Permitted: Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional; Recreational; and/or Industrial, and as permitted by the governing zoning district. The storage facility shall not be counted towards the two (2) or more uses. Two (2) or more uses, other than storage facility, must be established (as evidenced by an issued Certificate of Occupancy) prior to the issuance of a Certificate of Occupancy for the storage facility; and

(ii)

For mixed-use within one (1) building, at least fifty (50) percent of the ground floor of the building shall be a use from Residential - 1, 2, & Multifamily; Retail Sales, Services, and Office; Institutional, Recreational, and/or Industrial. Such use shall be located in the portion of the building that is closest to and visible from the nearest public right-of-way. The storage facility shall not be counted towards the two (2) or more uses; or

(iii)

For mixed-use on a parcel or shopping center, the front yard shall be defined by the right-of-way higher in the streets hierarchy as designated in the City of Hampton Department of Public Works Utility Policy. The building setback shall be a minimum of two-hundred (200') feet from the right-of-way.

(b)

The storage of flammable, perishable, or hazardous materials or the keeping of animals shall be prohibited.

(c)

Loading docks, loading bays, loading entrances or individual unit entrances shall not be located on the right-of-way side(s) of the building.

(54)

Food truck host sites in the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, C-3, M-1, M-2, M-3, LFA-1, LFA-2, LFA-3, LFA-4, LFA-5, LFA-6, RT-1, BB-1, BB-2, BB-3, BB-4, BB-5, HRC-1, HRC-2, HRC-3, LBP, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, FM-4, PO-1, and PO-2 districts shall obtain a zoning administrator permit and comply with the following additional standards:

(a)

Within the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, RT-1, BB-1, BB-2 zoning districts, a food truck host site may only be established in conjunction with a religious facility, public or private school, public or private college/university, structure to house a government function, community center, public or private parks, public or private library, public or private museum, hospital, or private or fraternal club/lodge, given all other additional standards in this section are complied with. In all other zoning districts, a food truck host site may not be established on a vacant lot;

(b)

The operator of the food truck host site shall be responsible for ensuring all food trucks comply with the provisions of the zoning ordinance and city code, including licensing, noise, and trash management;

(c)

A site development plan indicating the allowed locations of food trucks shall be provided which once approved by the city, shall become binding. Any alteration must be submitted and approved by the Zoning Administrator;

(d)

Food trucks must be kept on improved surface as defined in chapter 2. The improved surface must be under the entirety of the food truck and any associated vehicle, and such improved surface must extend continuously from the adjacent public right-of-way to the parking location;

(e)

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. Notwithstanding the foregoing, food trucks may be operated in a parking space as long as such operation does not reduce the total amount of parking on-site below the minimum required by the zoning ordinance;

(f)

Where the location of a food truck is within one hundred (100) feet of a property zoned one- or two-family residential, the food truck shall not be permitted to operate beyond the hours of 7:00 a.m. to 10:00 p.m. Where the location of a food truck is greater than 100 feet from a property zoned one- or two-family residential, the food truck shall not be permitted to operate beyond the hours of 5:00 a.m. to 2:00 a.m. In no case shall a food truck operate beyond the hours of all other uses on the same site, if applicable;

(g)

Food trucks shall not be located closer to any property line which abuts a residential district than would otherwise be allowed for a building in the applicable zoning district;

(h)

Food trucks shall not be located closer than ten (10) feet to any building, structure, or combustible material;

(i)

Exterior lighting associated with the food truck shall not direct glare, light spillage, or illumination onto adjacent properties, streets, sidewalks, or the sky;

(j)

Live entertainment shall not be permitted in conjunction with the food trucks;

(k)

The operator of the food truck host site shall maintain a log of all food trucks which operate at the site, to include the name of the licensed food truck and the day(s) it operated which will be provided to the Zoning Administrator, or their designee, on at least a monthly basis. Such information shall be provided in a format as the Zoning Administrator may prescribe;

(l)

Where seating is provided for the customers of food trucks, such outdoor seating area shall be allowed only while food trucks are present and in operation, be adjacent to such food trucks, and where there is sufficient parking as required by Chapter 11. Outdoor seating area shall not be permitted within the M-1, M-2, LFA-2, HRC-1, HRC-2, and HRC-3 zoning districts;

(m)

Food trucks may not be parked on the property after the permitted hours of operation, except as permitted under Chapter 1; and

(n)

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

(55)

Physical recreational facility in the C-1, C-2, C-3, M-1, M-2, LFA-2, LFA-4, LFA-6, BB-3, BB-4, BB-5, HRC-1, HRC-2, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts shall comply with the following additional standards:

(a)

The physical recreational facility shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not limited to, noise and building code requirements;

(b)

All outdoor lighting shall be focused downward and inward in a way that prevents spillover onto adjacent properties;

(c)

No outdoor recreation area associated with a physical recreational facility shall be permitted within the M-1, M-2, LFA-2, LFA-4, LFA-6, HRC-1, and HRC-2 districts;

(d)

If an outdoor recreation area is included as part of a physical recreational facility where permitted, the following additional standards shall apply:

(i)

The outdoor recreation area shall comply with the required setbacks for the primary building;

(ii)

The outdoor recreation area shall be clearly delineated through use of fences or landscaping as determined by the Zoning Administrator;

(iii)

The outdoor recreation area shall not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk, as determined by the Zoning Administrator;

(iv)

Landscaping used to delineate the outdoor recreation area shall comply with the City of Hampton Landscape Guidelines;

(v)

Fencing used to delineate the outdoor recreation area shall be of durable material, shall be opaque, and shall comply with the following requirements;

(aa)

In the BB-3, BB-4, and BB-5 districts, in the front yard, the fence shall not exceed forty-two (42) inches in height and in the side and rear yard shall not exceed five (5) feet in height. The use of chain link, vinyl, plain wire mesh, coated chain link fencing, electrified fencing, barbed wire, or razor wire is expressly prohibited; and

(bb)

In all other districts, the fence shall be opaque, and shall be a minimum of six (6) feet in height. The use of electrified fencing, barbed wire, or razor wire is expressly prohibited.

(vi)

For any parcel abutting a property with one-family, two-family, or duplex dwelling or a property residentially zoned as one- or two-family residential district, outdoor recreation areas shall comply with the following:

(aa)

The hours of outdoor recreation shall be limited to 5:00 a.m. to 10:00 p.m.;

(bb)

The outdoor recreation areas and any structure or equipment associated with it shall be located at least twenty (20) feet from all side and rear property lines; and

(cc)

If the outdoor recreation area is located within one-hundred (100) feet of the abutting residential property, it shall have screening per the City of Hampton Landscape Guidelines.

(vii)

For any parcel not abutting a property with one-family, two-family, or duplex dwelling or a property residentially zoned as one- or two-family residential district, outdoor recreation areas shall comply with the following:

(aa)

The hours of operation of outdoor recreation areas shall not extend beyond the hours of operation of the physical recreational facility, however, the use or operation of any radio, stereo, tape player, compact disc player, loud speaker or other electronic device or mechanical equipment used for the amplification of sound, or any yelling, shouting, whistling, singing, and other vocal sounds, between 10:00 p.m. and 7:00 a.m. shall be prohibited.

(56)

Homestay rentals in the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, LFA-5, RT-1, BB-1, BB-2, BB-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, and FM-3 zoning districts are subject to obtaining a zoning administrator permit and shall comply with the following additional standards at the time of application and throughout operation:

(a)

The homestay rental, as defined in Chapter 2 of the zoning ordinance, shall only be allowed within a single-family dwelling unit which is used by the operator, a long-term resident of the property, as their primary residence;

(b)

The operator shall reside in the single-family dwelling unit during all stays by overnight lodgers;

(c)

The operator shall maintain proof of their permanent residency at the proposed homestay rental. The operator shall provide proof of their permanent residency upon initial application and future reasonable requests by the Zoning Administrator within one (1) business day. Such proof may consist of a driver's license or voter registration card showing the address of the property, or other documents which provide equivalent proof as determined by the Zoning Administrator in consultation with the City Attorney.

(d)

A floor plan of all levels of the dwelling to be used for the homestay rental shall be posted in a conspicuous location within the bedroom used as part of the homestay rental and be visible at all times to overnight lodgers. The floor plan shall be reviewed for approval prior to operation, and shall depict the exit plan, location of the rentable bedroom, maximum overnight capacity, fire extinguishers, smoke detectors, carbon monoxide detectors, and any other life safety or operational details as may reasonably be required by the Zoning Administrator. Any alteration or renovation that modifies the floor plan shall comply with all provisions of this Section 3-3(56) and shall be subject to review and approval by the Zoning Administrator and the Building Official or their designees;

(e)

No more than one (1) bedroom shall be rented for overnight lodging, and the number of overnight lodgers shall not exceed that which is indicated as suitable within the rentable bedroom based upon methods set forth in Section 3-3(56)(f) and as depicted on the approved floor plan;

(f)

The maximum overnight capacity shall be based upon Section 404.4.1 of the Virginia Property Maintenance Code (VPMC), as amended, and will be reviewed and approved prior to operation;

(g)

When the property is being used as a homestay rental, the maximum number of people on the property between the hours of 10:00 p.m. and 7:00 a.m. shall not exceed that authorized by the approved floor plan. The maximum number of people on the property between the hours of 7:00 a.m. and 10:00 p.m. shall not exceed twice the number authorized by the approved floor plan;

(h)

In addition to the floor plan referenced in Section 3-3(56)(d), the document titled "Homestay Rental Fact Sheet," as provided by the City and completed by the operator, shall be posted in the same conspicuous location as the floor plan within the bedroom and be visible at all times to overnight lodgers and guests. In the event that the document is amended or modified by the City, City staff will provide an updated copy to the operator who shall replace the previous version;

(i)

Sufficient parking shall be provided at all times to meet the minimum required parking for all uses at the property pursuant to Section 11-2 of the zoning ordinance. All parking for the homestay rental shall be on-site on an improved surface, as defined in Chapter 2 of the zoning ordinance;

(j)

Exterior signage in conjunction with a homestay rental shall be prohibited at all times;

(k)

The homestay rental shall not include any events as defined within Chapter 2 of the zoning ordinance;

(l)

The operator shall be the responsible local person, and provide their contact information. The responsible local person shall:

(i)

Be responsible for addressing complaints related to the use of the property as a homestay rental, including but not limited to, noise, capacity, suspected criminal activity on the property, unpermitted parking, events, and other similar violations, as soon as reasonably practicable;

(ii)

Be on-site at all times between the hours of 10:00 p.m. and 7:00 a.m. when overnight lodgers are present;

(iii)

Respond to any call from the City of Hampton regarding any notification of an issue related to the operation of the homestay rental within one (1) hour of the notification by the City; and

(iv)

In the event the responsible local person's contact information needs to be updated or changed, the responsible local person shall contact and inform the Zoning Administrator, in writing, and shall also update the "Homestay Rental Fact Sheet," as required by Section 3-3(56)(h), to include the appropriate contact information.

(m)

The homestay rental shall maintain compliance with all applicable federal, state, and local laws, including but not limited to, the provisions of the zoning ordinance and City Code relating to noise, setbacks, and building code requirements;

(n)

The homestay rental shall obtain and maintain all applicable licenses prior to operating the homestay rental use, including but not limited to, obtaining a business license with the Commissioner of Revenue;

(o)

The operator of the homestay rental shall keep records of all rentals showing the date(s) rented, the name of the primary person(s) who booked the reservation, the number of overnight lodgers featured in the reservation, and all listings associated with the homestay rental. This list shall be available to the Zoning Administrator or their designee upon request within one (1) day;

(p)

Prior to operation of a homestay rental, the operator shall schedule an inspection and provide the City consent to inspect the dwelling to ascertain compliance with all applicable standards and codes;

(q)

The homestay rental shall not be advertised to operate in a manner that contradicts the standards and conditions of the zoning ordinance; and

(r)

The homestay rental operator shall comply with all reasonable requests by the City for information to verify compliance with the conditions of this Section 3-3(56).

(57)

Reserved.

(58)

Cemeteries.

a.

All cemeteries shall be subject to the provisions of City Code Section 10, entitled "Cemeteries," as amended.

(59)

Private parking garage/lots and public parking garage/lots, in all districts, which may be permitted as a primary use subject to a use permit, shall also comply with the following minimum conditions. Such conditions, as well as those that may be imposed by the city council in accordance with chapter 14 of the zoning ordinance, are intended to address the unique impacts of this use, including environmental, resilience and flooding, traffic circulation, and compatibility with the surrounding area.

(a)

A minimum of twenty-five (25) percent of the surface area of the parking lot must be shaded by tree canopy in accordance with the landscape guidelines. An alternative approach may be approved upon review by the zoning administrator if it meets the same intent. No tree canopy is required for parking spaces in structured parking.

(b)

Parking must be setback at least ten (10) feet from any existing or proposed public rights-of-way and any property line abutting a residential district.

(c)

Application requirements. In addition to a use permit, the following shall be included with the application:

a.

A grading and drainage plan.

(Ord. No. Z15-08, 6-10-2015; Ord. No. Z15-19, 10-14-2015; Ord. No. Z15-25, 12-9-2015; Ord. No. Z16-06, 4-13-16; Ord. No. Z16-11, 6-8-2016; Ord. No. Z16-17, 10-12-2016; Ord. No. Z19-01, 1-9-2019; Ord. No. Z19-05, 1-9-2019; Ord. No. Z19-16, 9-11-2019; Ord. No. Z19-18, 10-9-2019; Ord. No. Z20-02, 1-8-2020; Ord. No. Z20-09, 6-10-2020; Ord. No. Z20-13, 7-8-2020; Ord. No. Z20-24, 10-14-2020; Ord. No. Z20-25, 10-14-2020; Ord. No. Z20-27, 11-12-2020; Ord. No. 21-06, 8-11-2021; Ord. No. Z21-08, 10-13-2021; Ord. No. Z21-09, 11-10-2021; Ord. No. Z22-0001, 1-12-2022; Ord. No. Z22-0169, 7-13-2022; Ord. No. Z22-0009, 10-12-2022; Ord. No. Z22-0010, 12-14-2022; Ord. No. Z22-0013, 12-14-2022; Ord. No. Z23-0003, 5-24-2023; Ord. No. Z24-0001, 2-14-2024; Ord. No. Z24-0010, 5-8-2024; Ord. No. Z24-0016, 6-12-2024; Ord. No. Z24-0020, 8-14-2024)