Title
Ordinance to Amend and Re-enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 3, Section 3-3, Entitled "Additional Standards on Uses, "Subsection (13) Thereof, to Modify Security and Related Standards and Permit Revocation Procedures Applicable to Restaurant 2 Establishments
Purpose
Background Statement:
The purpose of this item is to amend the Hampton City Zoning Ordinance by updating definition of live entertainment and adding definitions for disc jockeying and third party promotion, all of which are associated with the Restaurant uses. In addition, the proposed amendment includes changes to the additional standards on uses for Restaurant 2. More specifically, proposed changes include live entertainment, security requirements, to include window transparency, third party promotions, and security cameras connection to the Hampton Police Department Real-TIme Information Center (RTIC) system, and revocation of use. Lastly, the proposed amendment includes revisions to permitted uses in the Coliseum Central Overlay (O-CC) District. More specifically, the antiquated definition of "Live entertainment 1" is recommended to be removed.
The proposed zoning ordinance amendment process is intended to promote commercial activity while providing clearer, more consistent guidance regarding the Restaurant 2 use, to include additional standards pertaining to live entertainment, security, and third party promotions to be more consistent with the standards of the Restaurant 3 use. 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
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, Section 3-2, and Section 9-23 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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DJing (disc jockeying). Any type of live entertainment in which a performer selects, mixes, and plays pre-recorded audio for an in-person audience in real time.
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Live entertainment. Any artistic, musical, or theatrical performance delivered by one (1) or more performers in real time to an in-person audience at a privately-owned establishment that is open to the public (whether or not admission is charged). “Live entertainment” does not include the playback of pre-recorded material, or any live performance delivered remotely by electronic means, if such material or remote performance is not delivered in conjunction with a live, in-person performance.
Live entertainment, incidental. Any live entertainment involving no performance other than the playing of one musical instrument, one human vocal performance, or both together. “Live entertainment, incidental” may include (without limitation) musical performances, live comedy, trivia games, and spoken word performances meeting the definition in the previous sentence.
Live entertainment, intensive. Any live entertainment that does not meet the definition of “Live entertainment, incidental,” including without limitation the playing of two or more musical instruments; two or more human vocal performances; or any live, in-person performance incorporating pre-recorded material or material delivered remotely by electronic means, such as (without limitation) karaoke and any form of DJing or disc jockeying.
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Third-party promotion. Any transaction in which the operator of a Restaurant 2 or 3 establishment authorizes an unaffiliated promoter, organizer, host, or performer to promote an event at that establishment, if the promoter’s compensation for such promotion or event is an amount per attendee or a percentage of the revenue from the event. “Third-party promotion” includes (without limitation) “VIP access,” “DJ room,” or similar arrangements where patrons pay an unaffiliated promoter for special access or services at the establishment. “Third-party promotion” also includes (without limitation) any transaction in which the operator, in exchange for a fee, temporarily relinquishes control over the establishment to an unaffiliated organizer who conducts an event at the establishment for the organizer’s profit. An establishment operator’s engagement of third-party advertising services does not constitute “third-party promotion” if the advertiser is not compensated based on attendance at, or revenues from, a particular event. As used herein, a promoter is “unaffiliated” if the promoter is not an owner, partner, or manager of the establishment.
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CHAPTER 3 - USES PERMITTED
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Section 3-3. - Additional standards on uses.
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The following uses have additional standards:
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(13) Restaurant 2 in the C-1, C-2, C-3, M-1, M-2, LFA-2, RT-1, BB-3, BB-4, BB-5, HRC-1, HRC-2, HRC-3, LBP, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts shall obtain a zoning administrator permit and comply with the following additional standards:
(a) The hours of operation of the restaurant shall not extend beyond 5:00 a.m. to 2:00 a.m. when the restaurant does not have a retail alcoholic beverage license. For restaurants with a retail alcoholic beverage license ("ABC"), the hours of operations of the restaurant shall not extend beyond 5:00 a.m. to 12:00 a.m.;
(b) The restaurant shall maintain compliance with all applicable federal and state laws and requirements of licensing agencies, including but not limited to ABC licensing;
(c) The restaurant shall be subject to the provisions of the Hampton Zoning Ordinance and Hampton City Code, to include, but not be limited to, noise, setbacks, and building code requirements;
(d) A floor plan shall be provided showing the arrangement of all tables, chairs, and performance area, if any, which once approved by the city, shall become binding;
(e) Any live entertainment shall comply with the following conditions:
(i) Live entertainment shall not be permitted in the M-1, M-2, LFA-2, HRC-1, HRC-2, and HRC-3 zoning districts;
(ii) Live entertainment shall be conducted inside the building only;
(iii) The performance space shall be seventy-five (75) square feet or less;
(iv) The layout approved in the submitted floor plan shall remain in place for live entertainment performances and no dance floor or similar open gathering space shall be permitted; and
(v) The hours of live entertainment shall not extend beyond the hours of operation of the restaurant.
(f) Any outdoor dining shall comply with the following conditions:
(i) Outdoor dining shall not be permitted within the M-1, M-2, LFA-2, HRC-1, HRC-2, and HRC-3 zoning districts;
(ii) Within the DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 districts, the hours of operation of the outdoor dining area shall not extend beyond the hours of operation of the restaurant.
(iii) Within the C-1, C-2, C-3, RT-1, BB-3, BB-4, BB-5, and LBP districts, the hours of operation of the outdoor dining area shall not extend beyond 5:00 a.m. to 10:00 p.m.;
(iv) The proposed outdoor dining operation and location will not significantly interfere with the pedestrian traffic or otherwise constitute a health and safety risk, as determined by the zoning administrator;
(v) The outdoor dining area shall be clearly delineated through use of barriers, landscaping, surface materials, or other similar means as determined by the zoning administrator;
(vi) Tables, chairs and other furniture placed outdoors shall be readily available for use. Any furniture which is not readily accessible may not be stored outside, but must be stored within a wholly enclosed structure; and
(vii) All outdoor lighting shall be focused downward and inward in a way that prevents spillover onto adjacent properties.
(g) Restaurants with drive-throughs or drive-ins are not permitted in the M-1, M-2, LFA-2, HRC-1, HRC-2, HRC-3, DT-1, DT-2, PH-1, PH-2, PH-3, FM-1, FM-2, FM-3, and FM-4 zoning districts.
(h) In addition to the foregoing requirements, any restaurant which (i) seeks to operate later than 11:00 p.m., (ii) seeks to conduct “Live entertainment, intensive” as defined in this zoning ordinance after 11:00 p.m., (iii) has a retail alcoholic beverage license, and (iv) has a maximum occupancy of more than 100 as determined by applicable law, must obtain a zoning administrator permit specifically authorizing such live entertainment in conjunction with the Restaurant 2 use, which zoning administrator permit shall contain the following conditions:
(i) Security requirements.
(1) At all times beginning at 11:00 p.m. and ending 30 minutes after the restaurant has closed, the restaurant must continuously maintain security officers to monitor and control patron behavior as follows:
(a) At least one (1) security officer must be stationed at each point of ingress/egress into the restaurant;
(b) At least one (1) security officer must be stationed inside the restaurant for each 100 individuals (or fraction thereof) who may occupy the restaurant at the maximum occupancy load established by applicable law; and
(c) At least two (2) security officer must patrol any parking lot serving the restaurant.
(2) For the purpose of this Section, “security officer” means a person certified by the Virginia Department of Criminal Justice Services as (1) an unarmed security officer pursuant to Virginia Code Sections 9.1-138 and 9.1-139, or (2) a law enforcement officer pursuant to Virginia Code Section 15.2-1706, as such statutes may be amended.
(3) For the purpose of this Section, “monitor and control patron behavior” means to take all reasonable measures to prevent an act of violence from occurring on the restaurant premises, the parking areas for the restaurant, or any public property immediately adjacent to the restaurant.
(ii) No exterior or interior window treatment including (without limitation) film, tint, blinds, curtains, shades, shutters, or other devices used to cover windows may be installed in a manner that would impede visibility into the restaurant when the restaurant is operating during hours of darkness.
(iii) No restaurant may engage in or otherwise permit third-party promotion as that term is defined in this ordinance.
(iv) Every restaurant shall install security cameras to surveil each point of ingress and egress to the restaurant, and shall connect such cameras to the Hampton Police Department’s Real-Time Information Center (“RTIC”) system.
(i) The zoning administrator, or their designee, shall have the ability to revoke the zoning administrator permit upon violation of any of the above conditions.
(j) No establishment operating under a Restaurant 3 use permit which is revoked pursuant to Section 14-11 of this ordinance may obtain a zoning administrator permit for any Restaurant 2 use until one (1) year after such revocation.
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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:
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(b) Permitted uses:
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(ii) Mental Health/Substance Abuse Treatment Facility only within the C-2 base zoning district and in conformance with the additional standards for the use referenced within Section 3-3.
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