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Hampton City Zoning Code

CHAPTER 6

COMMERCIAL DISTRICTS

Sec. 6-1. - Uses permitted.

Uses shall be permitted as set forth in chapter 3—Uses Permitted.

Sec. 6-2. - Development standards in general.

(1)

Limitations. Permitted stores, shops, offices, or businesses, except food truck host sites, gasoline supply stations, outdoor dining, outdoor play areas associated with a day care center, outdoor recreation areas associated with a physical recreational facility, and parking lots, shall be conducted wholly within an enclosed building and no more than fifty (50) percent of the floor area of any building shall be used for the storage of merchandise.

(2)

Accessory structures.

(a)

Accessory structures shall not cover more than twenty (20) percent of the rear yard.

(b)

No accessory structure shall be located closer than five (5) feet to the rear property line.

(c)

No accessory structure shall be located closer than three (3) feet to the side property line.

(Ord. No. Z23-0004, 5-24-2023; Ord. No. Z24-0002, 2-14-2024; Ord. No. Z24-0011, 5-8-2024)

Sec. 6-3. - Development standards for all uses other than townhouses and multiple dwellings.

(1)

Height. Maximum of two and one-half (2½) stories or thirty-five (35) feet in height, provided that the height limit may be increased to not more than forty-five (45) feet, but not to exceed three (3) stories when side yards of not less than fifty (50) feet each are provided.

(2)

Green area shall be provided as specified in chapter 1, section 1-30.

Sec. 6-4. - Development standards for townhouses and multiple dwellings.

(1)

Homeowners' association. In the case where the development involves fee-simple ownership of either land or dwelling units or both, and the development also includes land or facilities that are in common ownership, a homeowners' association shall be required. Such association, its executive organ or designated managing agent shall be responsible for any and all commonly-owned property. The city shall be kept notified of the party responsible for commonly-owned property.

(2)

Height and building size.

(a)

Buildings and structures shall be permitted up to a height of thirty-six (36) feet; the limit for any building may be increased to forty-one (41) feet when side yards of at least thirty (30) feet each are provided.

(b)

Townhouse structures shall not exceed a maximum of one hundred eighty (180) feet in length.

(3)

Lot area. Lots shall have a minimum of twenty thousand (20,000) square feet.

(4)

Dwelling area. The minimum dwelling area of all units shall equal that of the least restrictive, adjacent single-family district; if there is no adjacent single-family district, the minimum dwelling area shall be nine hundred (900) square feet.

(5)

Density. The maximum density shall be ten (10) units per buildable acre.

(6)

Lot coverage and green area.

(a)

The maximum lot coverage, exclusive of physical recreational amenities, shall be twenty (20) percent.

(b)

A minimum of forty (40) percent of the total lot area shall be maintained as green area. This green area shall be exclusive of the eight (8) foot front and twenty (20) foot rear yards within fee-simple lots.

(i)

A maximum of twenty-five (25) percent of this requirement may be water area.

(ii)

A maximum of fifty (50) percent of this requirement may be within the footprint of physical recreational amenities.

(c)

In order to encourage the provision of active recreation areas, density bonuses shall be granted to developments meeting all the criteria for active recreation areas:

(i)

Fifty (50) percent of the required green is active recreation area.

(ii)

The minimum dimension of any active recreation area is fifty (50) feet.

(iii)

Each dwelling unit is within five hundred (500) feet of an active recreation area.

(iv)

If the total area of the site is greater than two (2) acres, ten thousand (10,000) contiguous square feet of active recreation area shall be provided for each two (2) acres of lot area.

(d)

A bonus of one (1) dwelling unit per acre will be granted under the provisions of subsection 6-4(6)(c) for each of the following facilities:

(i)

Swimming pool;

(ii)

Clubhouse;

(iii)

Lighted tennis court;

(iv)

Lighted basketball court;

(v)

Nine-hole golf course;

(vi)

Dock, pier, or boat ramp;

(vii)

Shuffleboard area; or

(viii)

On-site day care.

In no case, however, will the total bonus granted under these provisions exceed ten (10) units for the entire development.

Sec. 6-5. - Setback regulations for all uses other than townhouses and multiple dwellings.

(1)

Front yard. No front yard is required.

(2)

Side yard. No side yard is required except as follows:

(a)

Where a lot adjoins a residential district, a side yard of ten (10) percent of the lot's width shall be provided, but in no case less than ten (10) feet.

(b)

The side yard along the side street of a corner lot shall be not less than fifteen (15) feet in width.

(c)

Where dwelling units are provided in conjunction with any commercial use, and in which all rooms do not open onto a front or rear yard, there shall be provided side yards of not less than ten (10) feet in width.

(3)

Rear yard. There shall be a rear yard having a depth of not less than ten (10) percent of the depth of the lot, but such rear yard need not exceed thirty (30) feet, and shall have a minimum depth of twenty (20) feet.

Sec. 6-6. - Setback regulations for townhouses and multiple dwellings.

(1)

Setbacks from project property lines.

(a)

Front yard. The front yard setback shall be a minimum of twenty (20) feet; however, if the property is adjacent to any single-family or duplex residential district, all structures located within fifty (50) feet of said residential district shall be set back at least thirty (30) feet from the front project property line. Parking within this required front yard shall be prohibited.

(b)

Side yard. One (1) side yard equal to ten (10) percent and the other equal to fifteen (15) percent of the lot width as measured at the front setback line. Except for the provisions of section 6-4(2)(a) above, the total of the two (2) side yards shall not be required to exceed forty (40) feet. Parking within this side yard shall be prohibited.

(c)

Rear yard. The rear yard setback shall be a minimum of twenty (20) feet. Parking within this required rear yard shall be prohibited.

(2)

Setbacks from fee-simple lot lines.

(a)

Front yard. The front yard setback shall be a minimum of eight (8) feet; however, if the front fee-simple lot line is the same as any project property line, the setbacks in subsection 6-6(1)(a) shall apply, in addition to the eight (8) feet required herein.

(b)

Side yard. No side yard setback is required unless the side fee-simple lot line is the same as any project property line; in which case the setbacks in subsection 6-6(1)(b) shall apply.

(c)

Rear yard. The rear yard setback shall be a minimum of twenty (20) feet; however, if the rear fee-simple lot line is the same as any project property line, the setbacks in subsection 6-6(1)(c) shall apply, in addition to the twenty (20) feet required herein.

(3)

Distance between improvements.

(a)

For any townhouse or multiple dwelling project with all buildings less than or equal to thirty-six (36) feet in height, there shall be provided a sixteen (16) foot radius between all structures or improvements, exclusive of surface parking and walkways.

(b)

Projects with one (1) or more buildings in excess of thirty-six (36) feet in height shall provide a twenty-five (25) foot radius between all structures or improvements, exclusive of surface parking and walkways.

Sec. 6-11. - Uses permitted.

Uses shall be permitted as set forth in chapter 3—Uses Permitted.

Sec. 6-12. - Development standards for all uses other than townhouses and multiple dwellings.

(1)

Height. Maximum of two and one-half (2½) stories or thirty-five (35) feet in height, provided that the height limit may be increased provided that all height greater than thirty-five (35) feet shall set back from all required front, side, and rear yards one (1) foot for each three (3) feet of such additional height.

(2)

Green area shall be provided as specified in chapter 1, section 1-30.

Sec. 6-13. - Development standards for townhouses and multiple dwellings.

(1)

Homeowners' association. In the case where the development involves fee-simple ownership of either land or dwelling units or both, and the development also includes land or facilities that are in common ownership, a homeowners' association shall be required. Such association, its executive organ or designated managing agent shall be responsible for any and all commonly-owned property. The city shall be kept notified of the party responsible for commonly-owned property.

(2)

Height and building size.

(a)

Buildings and structures shall be permitted up to a height of thirty-six (36) feet; the limit for any building may be increased to forty-one (41) feet when side yards of at least thirty (30) feet each are provided.

(b)

Townhouse structures shall not exceed a maximum of one hundred eighty (180) feet in length.

(3)

Lot area. Lots shall have a minimum of twenty thousand (20,000) square feet.

(4)

Dwelling area. The minimum dwelling area of all units shall equal that of the least restrictive, adjacent single-family district; if there is no adjacent single-family district, the minimum dwelling area shall be nine hundred (900) square feet.

(5)

Density. The maximum density shall be twenty (20) units per buildable acre.

(6)

Lot coverage and green area.

(a)

The maximum lot coverage, exclusive of physical recreational amenities, shall be twenty (20) percent.

(b)

A minimum of forty (40) percent of the total lot area shall be maintained as green area. This green area shall be exclusive of the eight (8) foot front and twenty (20) foot rear yards within fee-simple lots.

(i)

A maximum of twenty-five (25) percent of this requirement may be water area.

(ii)

A maximum of fifty (50) percent of this requirement may be within the footprint of physical recreational amenities.

(c)

In order to encourage the provision of active recreation areas, density bonuses shall be granted to developments meeting all the criteria for active recreation areas:

(i)

Fifty (50) percent of the required green is active recreation area.

(ii)

The minimum dimension of any active recreation area is fifty (50) feet.

(iii)

Each dwelling unit is within five hundred (500) feet of an active recreation area.

(iv)

If the total area of the site is greater than two (2) acres, ten thousand (10,000) contiguous square feet of active recreation area shall be provided for each two (2) acres of lot area.

(d)

A bonus of one (1) dwelling unit per acre will be granted under the provisions of subsection 6-13(6)(c) for each of the following facilities:

(i)

Swimming pool;

(ii)

Clubhouse;

(iii)

Lighted tennis court;

(iv)

Lighted basketball court;

(v)

Nine-hole golf course;

(vi)

Dock, pier, or boat ramp;

(vii)

Shuffleboard area; or

(viii)

On-site day care.

In no case, however, will the total bonus granted under these provisions exceed ten (10) units for the entire development.

(Ord. No. Z15-15, 8-12-2015)

Sec. 6-14. - Setback regulations for all uses other than townhouses and multiple dwellings.

(1)

Front yard. No front yard is required.

(2)

Side yard. No side yard is required except as follows:

(a)

Where a lot adjoins a residential district, a side yard of ten (10) percent of the lot's width shall be provided, but in no case less than ten (10) feet.

(b)

Where dwelling units are provided in conjunction with any commercial use, and in which all rooms do not open onto a front or rear yard, there shall be provided side yards of not less than ten (10) feet in width.

(3)

Rear yard. No rear yard is required except that if the lot adjoins a residential district, a rear yard of not less than fifteen (15) feet shall be required.

Sec. 6-15. - Setback regulations for townhouses and multiple dwellings.

(1)

Setbacks from project property lines.

(a)

Front yard. The front yard setback shall be a minimum of twenty (20) feet; however, if the property is adjacent to any single-family or duplex residential district, all structures located within fifty (50) feet of said residential district shall be set back at least thirty (30) feet from the front project property line. Parking within this required front yard shall be prohibited.

(b)

Side yard. One (1) side yard equal to ten (10) percent and the other equal to fifteen (15) percent of the lot width as measured at the front setback line. Except for the provisions of section 6-14(2)(a) above, the total of the two (2) side yards shall not be required to exceed forty (40) feet. Parking within this side yard shall be prohibited.

(c)

Rear yard. The rear yard setback shall be a minimum of twenty (20) feet. Parking within this required rear yard shall be prohibited.

(2)

Setbacks from fee-simple lot lines.

(a)

Front yard. The front yard setback shall be a minimum of eight (8) feet; however, if the front fee-simple lot line is the same as any project property line, the setbacks in subsection 6-15(1)(a) shall apply, in addition to the eight (8) feet required herein.

(b)

Side yard. No side yard setback is required unless the side fee-simple lot line is the same as any project property line; in which case the setbacks in subsection 6-15(1)(b) shall apply.

(c)

Rear yard. The rear yard setback shall be a minimum of twenty (20) feet; however, if the rear fee-simple lot line is the same as any project property line, the setbacks in subsection 6-15(1)(c) shall apply, in addition to the twenty (20) feet required herein.

(3)

Distance between improvements.

(a)

For any townhouse or multiple dwelling project with all buildings less than or equal to thirty-six (36) feet in height, there shall be provided a sixteen (16) foot radius between all structures or improvements, exclusive of surface parking and walkways.

(b)

Projects with one (1) or more buildings in excess of thirty-six (36) feet in height shall provide a twenty-five (25) foot radius between all structures or improvements, exclusive of surface parking and walkways.

(Ord. No. Z15-15, 8-12-2015)

Sec. 6-21. - Uses permitted.

Uses shall be permitted as set forth in chapter 3—Uses Permitted.

Sec. 6-22. - Height.

Buildings shall be a maximum of two and one-half (2½) stories or thirty-five (35) feet in height, provided that the height limit may be increased provided that all height greater than thirty-five (35) feet shall set back from all required front, side, and rear yards one (1) foot for each three (3) feet of such additional height.

Sec. 6-23. - Building setback regulations.

(1)

Front yard. No front yard is required.

(2)

Side yard. No side yard is required except that if the lot adjoins a residential district, then a side yard of ten (10) percent of the lot's width shall be provided, but in no case less than ten (10) feet.

(3)

Rear yard. No rear yard is required except that if the lot adjoins a residential district, then a rear yard of not less than fifteen (15) feet shall be required.