Title
Resolution of Hampton City Council Initiating Amendments to the Hampton City Zoning Ordinance Concerning the Regulation of Tobacco and Hemp Product Retail Sale Locations
Purpose
PURPOSE/BACKGROUND:
In 2024, the Virginia General Assembly adopted Virginia Code § 15.2-914.2, which authorizes localities to regulate the location of establishments selling retail tobacco and hemp products (including e-cigarettes, vapes, and inhalable CBD products), and specifically authorizes localities to prohibit those establishments within 1,000 feet of a school or daycare. Hampton’s current Zoning Ordinance regards these establishments as included within the “Retail Sales, General” use, which is available by right in many districts. To effectively regulate establishments selling tobacco and hemp products, a Zoning Ordinance amendment is necessary to carve these establishments out of the Retail Sales, General use. This would allow the Ordinance to limit the districts where these establishments are permitted, regulate their proximity to other uses, and impose design and use standards applicable to their operation.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Pass the Resolution.
Body
WHEREAS, Section 15.2-912.4 of the Code of Virginia permits localities to regulate the retail sale locations of retail tobacco products and hemp products intended for smoking (as such terms are defined by Va. Code §§ 18.2-371.2 and 3.2-4112, respectively), and may specifically prohibit sales of such products within 1,000 linear feet of a school or child daycare; and
WHEREAS, the Hampton City Council has determined that it is necessary for the general welfare of the community and good zoning practice to regulate the use of land for establishments selling retail tobacco products and hemp products intended for smoking (each such establishment, a “vape shop”), along with the location thereof, pursuant to Section 15.2-912.4 of the Cod...
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