Title
A Proposal by the City of Hampton 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 “Amusement Centers;” “Amusement or Skill-based Devices, Accessory” "Off-track Horse Race Betting Facility;" and “Physical Recreation Facility;” Chapter 3, Section 3-2 Entitled “Table of Uses Permitted” to Add “Amusement or Skill-based Device, Accessory” and "Off-track Horse Race Betting Facility" to the Use Table; and Chapter 3, Section 3-3 Entitled “Additional Standards on Uses” to Add Additional Standards for “Amusement or Skill-based Device, Accessory” and “Amusement Centers” Uses
Purpose
Background Statement:
The purpose of this item is to amend the Hampton City Zoning Ordinance by updating the definition of devices currently described as “coin-operated amusement machines” and to adjust the standards governing how many devices may be permitted as an accessory use in certain establishments and zoning districts. In addition, this item would amend the definition for "amusement centers" and expand the districts such centers would be permitted to include Buckroe Bayfront (BB-3, BB-4), and Downtown (DT-1 and DT-2) Districts. This item would also create a new definition "Off-track Horse Race Betting Facility" and established where the use would be permitted: Limited Commercial (C-2) and Coliseum Central Overlay (O-CC) Districts. Finally, the proposed amendment would amend the definition of "Physical Recreation Facility" and expand the districts such facilities would be permitted to include the Public Open Space (PO-1) District.
The proposed zoning ordinance amendment process is intended to promote commercial activity while providing clearer, more consistent guidance regarding the amusement devices use and and how many may be permitted as an accessory use in certain establishments and zoning districts; amusement centers and expanding the districts where they are permitted; off-track horse race betting facility and where they are permitted; and physical recreation facility and expanding the district where they are permitted. 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
Recommendations:
Rec
Staff Recommendation:
Approve
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 The Definition Of “Amusement Device”, To Amend The Definition of “Amusement Center”, To Amend The Definition Of “Physical Recreational Facility”, To Add the Definition of "Off-Track Horse Race Betting Facility," And To Remove The Definition Of “Coin-Operated Amusement Machine.”
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
…
Section 2-2. - Definitions.
…
Amusement center. Any establishment whose principal use derived from amusement devices.
Amusement device. A mechanical or electronic game device, activated by the insertion or use of coins, currency, cards, tokens, mobile payment, or other electronic means, operated for entertainment purposes, in which the outcome is predominantly determined by the skill, dexterity, coordination, or reaction time of the player. Examples include, but are not limited to: arcade video games, pinball machines, crane or claw machines, and redemption games.
This term shall not include (i) any device the ownership or operation of which is subject to a license or permit from any agency of the Commonwealth of Virginia, including, without limitation, the Virginia Lottery Board or the Virginia Racing Commission; or (ii) any device access to which is restricted by law to players older than a certain age.
…
Off-track horse race betting facility. Any establishment duly licensed by the Virginia Racing Commission to conduct pari-mutuel wagering on “historical horse racing” or “simulcast horse racing” as those terms are defined in the Virginia Horse Racing and Pari-Mutuel Wagering Act, Va. Code § 59.1-364 et seq., as the same may be amended from time to time. “Off-track horse race betting facility” excludes, without limitation, (i) any indoor or outdoor racetrack or other facility where horse racing physically occurs, and (ii) any establishment which conducts or permits casino gaming, sports betting, or any other form of gaming or gambling that is not authorized under the Virginia Horse Racing and Pari-Mutuel Wagering Act.
…
Physical Recreational Facility. An establishment that provides space designed and equipped for the conduct of sports, exercise, recreational, or athletic activities, whether or not under instruction, including but not limited to fitness centers, gymnastics facilities, dancing studios, martial arts studios, indoor or outdoor courts or fields, climbing facilities, or miniature golf facilities. This term shall exclude other uses contained within Section 3-2 entitled, "Table of Uses Permitted."
...
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 Amend Additional Use Regulations For Amusement or Skill-Based Devices, Accessory, To Create Additional Use Regulations For Amusement Centers, and To Amend Additional Use Regulations For Physical Recreational Facilities.
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
…
Section 3-3. - Additional standards on uses.
…
(21) Amusement devices, accessory in the C-1, C-2, C-3, BB-3, BB-4, PH-1, PH-2, PH-3, DT-1, DT-2, and PO-1 districts shall comply with the following additional standards:
(a) In no instance shall amusement devices occupy greater than twenty (20) percent of gross floor area.
(i) For restaurants, this calculation shall include the total floor area exclusive of kitchen, freezer, food preparation, and drink preparation areas.
(ii) For all other establishments, this calculation shall include the total floor area.
…
(55) Physical recreational facility in the C-1, C-2, C-3, M-1, M-2, LFA-2, LFA-4, LFA-6, BB-3, BB-4, BB-5, HRC-1, HRC-2, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, FM-4, and PO-1 districts shall comply with the following additional standards:
…
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 Remove The Use of “Coin-Operated Amusement Device, Accessory” Use, To Add The Use Of “Amusement Or Skill-based Device, Accessory” Subject To Additional Standards, And To Modify The Districts In Which “Physical Recreational Facility” Is Permitted.
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
…
Section 3-2. - Table of uses permitted.
(a) Table of Uses Permitted in Standard Zoning Districts.
[The attached table, entitled "Section 3-3 Table of Uses Permitted in Standard Zoning Districts" is hereby declared to be a part of this ordinance as if fully set forth herein.]
(b) Table of Uses Permitted in Special Zoning Districts.
[The attached table, entitled "Section 3-3 Table of Uses Permitted in Special Zoning Districts" is hereby declared to be a part of this ordinance as if fully set forth herein.]
…
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 Add The “Off-Track Horse Race Betting Facility” Use To “Permitted Uses” In The Coliseum Central Overlay (O-CC) 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
…
Section 9-23. - Modifications to permitted uses.
…
(b) Permitted Uses
…
(iv) Off-track horse race betting facility only within the C-2 base zoning district.
…