Title
Resolution of Hampton City Council Initiating Amendments to the Hampton City Zoning Ordinance to Modify Standards Applicable to the Restaurant 2 Use
Purpose
PURPOSE/BACKGROUND:
The purpose of this initiating resolution is to formally begin the process of amending the Hampton City Zoning Ordinance to modify the standards applicable to the “Restaurant 2” use. The goal is to ensure the ordinance requirements remain appropriate and effective for protecting public safety while supporting lawful business operations. The Hampton City Zoning Ordinance allows certain restaurants that sell alcohol or provide live entertainment to operate under a Zoning Administrator Permit as the use classified as “Restaurant 2.” The Zoning Ordinance currently establishes standards for Restaurant 2 establishments, including minimum security requirements, in Section 3-3(13). City Council has determined that the existing ordinance standards for the Restaurant 2 use warrant modification to best protect the safety of businesses, patrons, and the general public. Under Virginia law, Sec. 15.2-2286(A)(7) amendments to zoning regulations or district maps may be initiated by resolution of the governing body, and such a resolution must state the public purposes (public necessity, convenience, general welfare, or good zoning practice) supporting the action. This initiating resolution does not itself change zoning regulations; rather, it directs staff to prepare proposed ordinance text amendments and advance them through the required public review process as set out in state law.
Discussion:
The proposed zoning ordinance amendment process is intended to improve public safety by ensuring the operating standards for Restaurant 2 establishments-including any security-related provisions-are current, clearly defined, and enforceable. It also promotes consistency and predictability for both businesses and patrons by applying uniform requirements citywide to the Restaurant 2 use. In addition, the effort supports economic vitality by maintaining a regulatory framework that allows nightlife- and entertainment-oriented restaurants to operate while appropriately addressing potential community impacts associated with higher-intensity activity, such as alcohol service and/or live entertainment.
Impact:
Adoption of the initiating resolution is administrative in nature and does not, by itself, change zoning regulations; it authorizes staff to draft and process a proposed amendment modifying the standards applicable to Restaurant 2 establishments, including the minimum security requirements currently referenced in the ordinance.
At this stage, there is no direct fiscal impact beyond routine staff time for ordinance drafting, coordination, legal review, advertising, and scheduling of the required public hearings; any operational or compliance impacts to businesses, patrons, or City enforcement activities would be evaluated as part of the proposed ordinance text and the Planning Commission/City Council hearing process.
Recommendation:
Rec
Adopt the initiating resolution formally initiating amendments to the Hampton City Zoning Ordinance to modify the standards applicable to the “Restaurant 2” use and directing the Community Development Department and other appropriate staff to prepare the proposed text amendment and advance it through the required public hearing process before the Planning Commission and City Council in accordance with applicable law.
Body
WHEREAS, the Hampton City Zoning Ordinance authorizes restaurants which sell alcohol or provide live entertainment to operate pursuant to a Zoning Administrator Permit for the use classified as “Restaurant 2;” and
WHEREAS, the Zoning Ordinance, at Section 3-3(13), provides for certain standards, including certain minimum security requirements, applicable to all Restaurant 2 establishments; and
WHEREAS, the Hampton City Council has determined that the Zoning Ordinance standards applicable to the “Restaurant 2” use require modification in order to best protect the safety of businesses, patrons, and the general public; and
WHEREAS, City Council has determined that initiation and consideration of an amendment to the Hampton City Zoning District Map to modify standards applicable to all Restaurant 2 establishments is required by the public necessity, convenience, general welfare, and good zoning practice, as more particularly described above.
NOW, THEREFORE, BE IT RESOLVED BY HAMPTON CITY COUNCIL AS FOLLOWS:
1. The foregoing recitals are incorporated by reference herein.
2. Pursuant to Virginia Code 15.2-2286(A)(7), Hampton City Council formally initiates proposed amendments to the Hampton City Zoning Ordinance, specifically an amendment modifying the standards applicable to all Restaurant 2 establishments.
3. Community Development Department and other appropriate staff are directed to prepare the proposed amendment and to take all steps necessary and proper to present the amendment for public hearing before the Planning Commission and City Council, in accordance with applicable law.