Title
Resolution of Hampton City Council Initiating Amendments to the Hampton City Zoning Ordinance to Address the Adult-Use Retail Cannabis Marketplace
Purpose
PURPOSE/BACKGROUND:
The purpose of this item is to request City Council adoption of an initiating resolution to formally begin the process of amending the Hampton City Zoning Ordinance as it relates to retail cannabis, including the creation of new land use categories, identify use districts where permitted, establish hours of operation, and establish procedures of objecting to proposed cannabis licenses. This initiating resolution starts the public process for a zoning text amendment related to the adult-use retail cannabis marketplace.
The initiating resolution does not adopt the ordinance text amendment itself; instead, it directs Community Development and other appropriate staff to prepare draft text and advance it through the required public hearing process in accordance with applicable law.
Discussion:
The proposed zoning ordinance amendment process is intended to promote commercial activity while providing clearer, more consistent definitions and processes regarding the adult-use retail cannabis marketplace.
By improving ordinance clarity and predictability for business owners, staff, and the public, the City can reduce interpretation disputes, support compatible economic activity, and maintain appropriate zoning controls consistent with public necessity, convenience, general welfare, and good zoning practice.
Impact:
Adoption of the initiating resolution is not expected to have a direct fiscal impact because it does not, by itself, change regulatory requirements. Anticipated City costs at this stage are primarily associated with staff time for drafting ordinance text, internal coordination, legal review, required public notice/advertising, and processing the text amendment through Planning Commission and City Council hearings
Recommendation:
Rec
Adopt the initiating resolution directing staff to prepare proposed amendments to the Hampton City Zoning Ordinance to update the definition and standards related to the adult-use retail cannabis marketplace, including the creation of new land use categories, identify use districts where permitted, establish hours of operation, and establish procedures of objecting to proposed cannabis licenses, along with other reasonably related amendments identified by the Director of Community Development; and to advance the proposed text amendments through the public hearing and review process required by Virginia Code, including Planning Commission recommendation and subsequent City Council consideration.
Body
WHEREAS, on June 29, 2026 the Virginia General Assembly passed the 2026-2028 biennial state budget, which established the statutory framework for an adult-use retail cannabis marketplace in Virginia (“Cannabis Legislation”); and
WHEREAS, the Cannabis Legislation authorizes the cultivation, processing, testing, retail sale, Land delivery of marijuana products in Virginia, pursuant to licenses granted by a newly-created Virginia Cannabis Control Board;
WHEREAS the Cannabis Legislation generally forbids localities from regulating or prohibiting the cultivation, processing, possession, sale, distribution, handling, transportation, consumption, use, advertising, or dispensing of marijuana or marijuana products, except as expressly authorized by statute; however, localities are permitted to exercise their zoning authority over such businesses and to regulate the hours of operation for retail marijuana establishments;
WHEREAS the creation of land use categories that correspond to the license categories established by the Cannabis Legislation will allow the City to most effectively exercise its zoning authority over such activities in a manner that is consistent with state law; and
WHEREAS, the Cannabis Legislation requires amendments to provisions of the Zoning Ordinance concerning smoke or vape shops to clearly separate that use from cannabis uses, and further amendments are necessary to incorporate new licensing requirements for tobacco retailers as provided in House Bill 308 creating new Virginia Code Section 4.1-243; and
WHEREAS, City Council has determined that initiation and consideration of a Zoning Ordinance amendment to implement the Cannabis Legislation 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 Zoning Ordinance to implement the Cannabis Legislation, specifically including:
a. Creation of new land use categories corresponding to the licensing categories established in the Cannabis Legislation;
b. Identification of the districts in which those uses will be permitted and the applicable use permissions for each;
c. Regulation of the hours of operation for retail cannabis stores;
d. Establishment of procedures for objecting to proposed cannabis licenses within Hampton, in accordance with state law;
e. Separation of the cannabis uses from the existing “smoke or vape shop” use and incorporation of the new licensing requirements for smoke or vape shops;
f. Any other amendments necessary or appropriate to implement or otherwise comply with the Cannabis Legislation; and
g. Any other reasonably related amendments identified by the Director of Community Development or resulting from the Planning Commission and City Council public hearing processes.
3. The Community Development Department and other appropriate staff are directed to prepare draft text for 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.