Title
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Chapter 2, Section 2-2 Entitled “Definitions” to Amend the Definition for “Smoke or Vape Shop;” Chapter 3, Section 3-2 Entitled “Table of Uses Permitted” to Add Smoke or Vape Shop to the Use Table; Chapter 3, Section 3-3 Entitled “Additional Standards on Uses” to Add Additional Standards for Smoke or Vape Shop; and Chapter 11, Section 11-2 Entitled “Parking Spaces Required” to Add Smoke or Vape Shop to the Parking Table
Purpose
Background Statement:
The proposed amendment adds a definition for “Smoke or Vape Shop, establishes “Smoke or Vape Shop” as a use within the table of uses, and establishes additional standards for Smoke or Vape Shop" The proposed amendment would permit the "Smoke or Vape Shop" within the General Commercial (C-3) District, subject to additional standards and an approved use permit and additional standards. The additional standards and regulations for "Smoke or Vape Shops" establishes a minimum distance from and school or day care; establishes a minimum distance requirement between smoke or vape shops; regulates the hours of operation; and other operational standards and characteristics typically associated with such use.
In addition, the proposed amendment adds specific parking requirements for the new "Smoke or Vape Shop" use within the table of parking required (Chapter 11).
In summary, staff recommends adoption of the proposed amendment to create a definition for “Smoke or Vape Shop,” establish "Smoke or Vape Shop" as a use in the table of uses; establish additional standards for "Smoke or Vape Shop;" and to amend the table of parking required.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
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.
Smoke or Vape Shop. A retail establishment engaged in the sale of retail tobacco products as defined in Va. Code § 18.2-371.2, hemp products intended for smoking as defined in Va. Code § 3.2-4112, and any other lawful product 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 (VABC) license. In the event that the sale of retail marijuana or retail marijuana products becomes legal in the Commonwealth of Virginia, a Smoke or Vape Shop may sell retail marijuana or retail marijuana products only if the establishment obtains a use permit or an amended use permit specifically authorizing the sale of retail marijuana or retail marijuana products at the specific location, and if the establishment otherwise complies with all other applicable law, including (without limitation) the regulations of any agency of the Commonwealth authorized to issue permits for retail sales of marijuana or marijuana products. No legal non-conforming Smoke nor Vape Shop or any other existing establishment may sell retail marijuana or retail marijuana products unless they obtain a use permit or an amended use permit specifically authorizing the sale of such products.
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.]
A “Retail sales, general”: Uses of the same character as antique shop, appliance store, art shop, bakery (retail), boating supply store, book store, clothing store, confectionary, convenience store, dairy products store, delicatessen, department store, drapery store, drug store, dry cleaning (collection or pick-up station), florist, furniture and floor coverings store, 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. This term shall not include any establishment that meets the definition of a Smoke or Vape Shop.
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CHAPTER 3 - USES PERMITTED
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Section 3-3. - Additional standards on uses.
(57) Smoke or Vape shops in any district are subject to obtaining a Use Permit by City Council and shall comply with the following additional standards:
(a) No Smoke or Vape Shop may be permitted within one-thousand (1,000) feet of a child day center as defined in Va. Code 22.1-289.02, any public, or private, or parochial school, or any religious facility.
(b) A new or amended use permit will not be issued for any Smoke or Vape Shop located within one-half mile (0.5) from the nearest Smoke or Vape Shop or other existing retail establishment which meets the definition of "Smoke or Vape Shop" in Section 2-2 of this ordinance.
(c) The hours of operation of a Smoke or Vape Shop shall be limited to 9:00 a.m. to 8:00 p.m.
(d) No Smoke or Vape Shop may operate a drive-through.
(e) No Smoke or Vape Shop may install or use any form of illumination visible from the public right-of-way which is not expressly permitted by this Ordinance, except as provided in a Lighting Plan approved by the Director of Community Development or their designee and incorporated into the terms of the Use Permit.
(f) During hours of operation the exterior and interior windows of a smoke or vape shop shall not be covered by or treated with any film, tint, blinds, curtains, shades, shutters, or other device that would impede visibility into the establishment.
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CHAPTER 11 - PARKING
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Section 11-2. - Parking spaces required.
Table 11-2.1: Required Minimum and Maximum Parking
[See attached use table for changes].
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