Title
Proposal to Amend and Re-enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Section 2-2, “Definitions,” Section 3-2, “Use Tables,” Section 3-3, “Additional standards on uses,” and Section 9-23, “Modification to permitted uses.”
Purpose
Background Statement:
This is a proposal by the City of Hampton to amend and re-enact the Zoning Ordinance of the City of Hampton, Virginia by amending Section 2-2, “Definitions,” Section 3-2, “Use Tables,” Section 3-3, “Additional standards on uses,” and Section 9-23, “Modification to permitted uses.” The intent of these amendments is to establish and permit cannabis use types with associated regulations in accordance with the Virginia Cannabis Control Act.
The Virginia Cannabis Control Act legalizes the following activities, with a State LIcense. These activities include the retail sale of marijuana, the cultivation of marijuana, the processing of marijuana, the testing of marijuana, the transport of marijuana and the delivery of marijuana. Dual Use licenses are available which allow for existing marijuana pharmaceutical dispensaries to provide a retail component. Additionally, marijuana micro-business licenses are available that allow for the cultivation, processing and retail sale of marijuana and marijuana products.
The Virginia Cannabis Control Authority establishes all regulations. These regulations allow for limited local authority including determining appropriate zoning districts for each of the use types. Localities can determine the permitting process which includes allowing uses by-right, allowing uses through a Zoning Administrator approval or allowing uses through a Use Permit. Localities must set the operating hours for when retail sales may occur. Localities cannot prohibit use types either directly or by adopting standards that are unreasonable or severely constrained. State regulations supersede local regulations. State regulations also provide that retail stores may not be located within 1,000 feet of any hospital, school, university or child daycare program. Retail marijuana stores cannot sell tobacco or alcohol.
This zoning ordinance amendment adds 19 new definitions for uses and associated terminology in Section 2-2 and also amends the "Smoke and Vape Shop" definition to remove references to marijuana and align language with the Code of Virginia. The Use Tables in Section 3-2 are being updated to reflect the zoning districts in which each use type may be allowed. The Use Tables propose to require Use Permits for all use types. Use Tables also include a reference to Section 3-3, Additional Standards. The additional standards related to marijuana use types include the requirement of a State License, requirement of a Use Permit from the City of Hampton, sets the maximum operating hours for retail sales, provides for a 1000 foot buffer from hospitals, schools and child day programs, provides a process for objection to State Licensure, indicates that additional State standards that apply for Smoke or Vape Shops, and indicates that contrary standards are preempted.
Section 9-23 of the Hampton Zoning Ordinance provides for modifications to permitted uses in the Coliseum Central Overlay District (O-CC). The proposed ordinance amendment would allow the existing pharmaceutical dispensary to operate as a Dual Use retail business, subject to a Use Permit being obtained for the retail component. The ordinance amendment would prohibit additional marijuana establishments in this overlay district.
An analysis of the zoning ordinance amendment indicates the proposal provides the framework for local implementation of the Cannabis Control Authority regulations, utilizes available local zoning authority, requires a Use Permit for all use types, and establishes a formal review process for the use types. In conclusion, the amendment provides for equitable opportunity for all use types in a manner consistent with the Virginia Cannabis Control Act.
Recommendations:
Rec
Staff Recommendation:
Approval of Zoning Ordinance Amendment 26-0313
Body
Ordinance to Amend and Re-Enact The Zoning Ordinance of The City Of Hampton, Virginia by Amending Section 2-2, Entitled “Definitions,” to Add Definitions for Uses Licensed by the Virginia Cannabis Control Authority.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 2-2 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 2 - DEFINITIONS
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Section 2-2. - Definitions.
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Marijuana means any part of a plant of the genus Cannabis, whether growing or not, its seeds or resin; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, its resin, or any extract containing one or more cannabinoids. “Marijuana” does not include (i) the mature stalks of such plant, fiber produced from such stalk, or oil or cake made from the seed of such plant, unless such stalks, fiber, oil, or cake is combined with other parts of plants of the genus Cannabis; (ii) industrial hemp that is possessed by a person registered pursuant to subsection A of Virginia Code Section 3.2-4115 (as amended) or their agent; (iii) industrial hemp that is possessed by a person who holds a hemp producer license issued by the U.S. Department of Agriculture pursuant to Part 990 of Title 7 of the Code of Federal Regulations (as amended); (iv) a hemp product; (v) an industrial hemp extract; or (vi) any substance containing a tetrahydrocannabinol isomer, ester, ether, salt, or salts of such isomer, ester, or ether that been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act, Section 54.1-3400 et seq. of the Virginia Code (as amended) pursuant to Section 54.1-3443 of the Virginia Code (as amended).
Marijuana concentrate means marijuana that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product’s potency. Resin from granular trichomes of a marijuana plant is a concentrate for purposes of this definition.
Marijuana cultivation means the planting, propagation, growing, harvesting, drying, curing, grading, trimming, packaging, or other similar manufacturing of marijuana for use or sale. “Marijuana cultivation” does not include marijuana processing or marijuana testing.
Marijuana cultivation facility, indoor means a facility licensed under Section 4.1-800 of the Virginia Code (as amended) which conducts all marijuana cultivation inside of a building or a secured agricultural greenhouse.
Marijuana cultivation facility, outdoor means a facility licensed under Section 4.1-800 of the Virginia Code (as amended) which conducts all marijuana cultivation in an area exposed to natural sunlight and open to environmental conditions, including variable temperature, precipitation, and wind.
Marijuana delivery operator means an establishment licensed under Section 4.1-805 of the Virginia Code (as amended).
Marijuana dual-use facility means an establishment permitted to operate as a pharmaceutical processor or cannabis dispensing facility pursuant to Section 4.1-1602 of the Virginia Code (as amended), and which has been authorized by the Virginia Cannabis Control Authority to exercise dual-use privileges pursuant to Section 4.1-1602.1 of the Virginia Code (as amended).
Marijuana establishment means an indoor or outdoor marijuana cultivation facility, a marijuana delivery operator, a marijuana dual-use facility, a marijuana microbusiness (with or without cultivation), a marijuana processing facility, a marijuana testing facility, a marijuana transporter, or a retail marijuana store.
Marijuana microbusiness with cultivation means a facility licensed under Section 4.1-803 of the Virginia Code (as amended) which conducts marijuana cultivation.
Marijuana microbusiness without cultivation means a facility licensed under Section 4.1-803 of the Virginia Code (as amended) which does not conduct marijuana cultivation.
Marijuana processing means the production of marijuana products or the blending, infusing, compounding, or other preparation of marijuana or marijuana products, including marijuana extraction or preparation by means of chemical synthesis. “Marijuana processing” does not include marijuana cultivation or marijuana testing.
Marijuana processing facility means a facility licensed under Section 4.1-801 of the Virginia Code (as amended).
Marijuana product means (i) any product that is composed of marijuana and other ingredients and is intended for use or consumption, including (without limitation) ointments and tinctures, or (ii) marijuana concentrate.
Marijuana testing means the research and analysis of marijuana, marijuana products, or other substances for contaminants, safety, or potency. “Marijuana testing” does not include marijuana cultivation or marijuana processing.
Marijuana testing facility means a facility licensed under Section 4.1-806 of the Virginia Code (as amended).
Marijuana transporter means a facility licensed under Section 4.1-804 of the Virginia Code (as amended).
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Retail marijuana store means a facility licensed under Section 4.1-802 of the Virginia Code (as amended).
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Secured agricultural greenhouse means an enclosed structure used for controlled-environment marijuana cultivation which (i) has transparent walls and roofing, (ii) is surrounded by a privacy fence no less than eight feet tall, (iii) is subject to monitored ingress and egress, and (iv) complies with all applicable regulations of the Virginia Cannabis Control Authority.
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Smoke or Vape Shop. A retail establishment engaged in the sale of retail tobacco products as defined in Section 4.1-100 of the Code of Virginia (as amended), hemp products intended for smoking as defined in Section 4.1-600 of the Virginia Code (as amended), and any other lawful product (other than marijuana or marijuana products) intended for smoking by humans. This includes, but is not limited to, (i) any electronic smoking device and any substance which can be aerosolized or vaporized by such device, (ii) any tobacco product containing nicotine intended for human consumption, and (iii) any component, part, or accessory to the products herein described, whether or not such component, part, or accessory contains tobacco or nicotine. A Smoke or Vape Shop shall not include any establishment that holds a Virginia Alcoholic Beverage Control license issued pursuant to Section 4.1-206.3 of the Code of Virginia (as amended).
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 3-2 Entitled “Table of Uses Permitted” To Permit Marijuana Establishments in Certain Districts.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 3-2 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 3 - USES PERMITTED
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Section 3-2. - Table of Uses Permitted.
(a) Table of Uses Permitted in Standard Zoning Districts.
[See attached use table for changes.]
(b) Table of Uses Permitted in Special Zoning Districts.
[See attached use table for changes.]
Ordinance to Amend and Re-Enact the Zoning Ordinance of The City Of Hampton, Virginia by Amending Section 3-3, Entitled “Additional Standards On Uses,” to Provide Standards for Marijuana Establishments.
WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 3-3 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 3 - USES PERMITTED
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Section 3-3. - Additional standards on uses.
The following uses have additional standards:
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(57) Smoke or Vape Shop. All smoke or vape shops must obtain a Use Permit. In addition to any other conditions deemed necessary and appropriate for the application, each such Use Permit shall require compliance with (i) all requirements of Section 4.1-241 et seq. of the Virginia Code (as amended); (ii) any applicable regulation of the Virginia Alcoholic Beverage Control Authority; (iii) any term or condition of a retail tobacco permit required by Section 4.1-241 of the Code of Virginia (as amended) or other state license or permit required by Virginia law to engage in retail sales of the establishment’s products, including (without limitation) any consent agreement accepted in accordance with Section 4.1-250(C) of the Virginia Code (as amended); (iv) all applicable requirements of this Zoning Ordinance and the Hampton City Code; and (v) any other applicable law. All smoke or vape shops shall also comply with the following standards:
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(60) Marijuana establishments.
(a) License required. No person or establishment may engage in any activity governed by the Virginia Cannabis Control Act, Section 4.1-600 et seq. of the Virginia Code (as amended), except in compliance with a license duly issued by the Virginia Cannabis Control Authority authorizing the person or establishment to operate as a marijuana establishment. No marijuana establishment may violate any term or condition of such license, or violate any provision of the Virginia Cannabis Control Act, including any regulation promulgated by the Virginia Cannabis Control Authority.
(b) Use permit required. All marijuana establishments must obtain a Use Permit. In addition to any other conditions deemed necessary and appropriate for the application, each such Use Permit shall require compliance with (i) the Virginia Cannabis Control Act; (ii) any regulation promulgated by the Virginia Cannabis Control Authority; (iii) any term or condition of the establishment’s license to operate the marijuana establishment, including (without limitation) any consent agreement accepted in accordance with Section 4.1-903(C)(ii) of the Virginia Code (as amended); (iv) all applicable requirements of this Zoning Ordinance and the Hampton City Code; and (v) any other applicable law.
(c) Retail hours. No retail marijuana store or marijuana microbusiness may sell marijuana or marijuana products except between the hours of 10:00 a.m. and 9:00 p.m. each Monday through Saturday, or between the hours of 10:00 a.m. and 6:00 p.m. each Sunday. Violation of this requirement is punishable as provided in Chapter 24 of the Hampton City Code.
(d) Separation requirements. No retail marijuana store or marijuana microbusiness may be located within 1,000 feet of any hospital; public, private, or parochial school or institution of higher education; or child day program; provided, however, that the city council may decrease this minimum distance requirement by so providing in the Use Permit approved for such an establishment, upon determining that (i) the decreased separation will not have an unduly adverse impact on the interest, safety, or welfare of the public, or that (ii) any such adverse impact is adequately mitigated by conditions imposed in the Use Permit.
(e) Objections to licensure. Upon receipt of a notification from the Authority regarding an application for a license to operate a marijuana establishment in the City of Hampton, as provided in Section 4.1-1000(G) of the Code of Virginia (as amended), the City Manager shall promptly transmit the notification to the Zoning Administrator and the Chief of Police, or their respective designees, for review and recommendation as to whether objection to the license is warranted. The Zoning Administrator and the Chief of Police, or their respective designees, shall recommend objection if the proposed establishment would violate any provision of this Zoning Ordinance or the Hampton City Code, and may recommend objection for any other reason not inconsistent with the Virginia Cannabis Control Act. The Zoning Administrator and the Chief of Police, or their respective designees, shall transmit their recommendation to the City Manager. If an objection is recommended, the Zoning Administrator and the Chief of Police, or their respective designees, shall identify the reasons for objection with specificity. When it has been determined that objection is warranted, the City Manager or their designee is hereby authorized to transmit the objection to the Authority on behalf of the city council.
(f) Contrary standards preempted. Should any requirement or standard of this Zoning Ordinance or the Hampton City Code (including the conditions of any Use Permit) be determined inconsistent with the duly adopted regulations of the Virginia Cannabis Control Authority, those regulations shall supersede such requirement or standard only to the extent of the inconsistency, and all other such requirements or standards shall remain in full force and effect.
Ordinance to Amend and Re-Enact the Zoning Ordinance Of The City Of Hampton, Virginia by Amending Section 9-23, Entitled “Modifications To Permitted Uses,” To Exclude Marijuana Establishments from the Coliseum Central Overlay District.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 9-23 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 9 - OVERLAY DISTRICTS
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Section 9-23. - Modifications to permitted uses.
(1) Permitted uses shall be defined by the base zoning of the individual properties with the following modifications:
(a) Prohibited uses:
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(xviii) Storage Facility 1, 2, and 3; and.
(xix) Any marijuana establishment, except for a marijuana dual-use facility permitted under subsection (b) below.
(b) Permitted uses:
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(iv) Notwithstanding any provision of this zoning ordinance to the contrary, any establishment which was permitted to operate as a pharmaceutical processor or cannabis dispensing facility pursuant to Section 4.1-1602 of the Virginia Code (as amended), and which was lawfully in operation as such a processor or facility upon premises located in the O-CC District as of December 31, 2026, may seek a Use Permit to operate as a marijuana dual-use facility upon the same premises.