Title
Ordinance to Amend the City Code of the City of Hampton, Virginia by Amending and Reenacting Chapter 18.1, "Licenses;" Article I, "In General;" Section 18.1-12, Prerequisites to Validity
Purpose
PURPOSE/BACKGROUND:
The purpose of this ordinance is to clarify that a prerequisite to obtaining a business license is confirmation that the business to be conducted at a location is permissible under the City's Zoning Ordinance, but not the issuance of a certificate of use and occupancy for that location.
Discussion:
Some recent cases encountered by both the Commissioner of Revenue and the Community Development Department made it apparent that as currently written, Hampton City Code Section 18.1-12 could be construed in more than one way, particularly with respect to the relationship between the issuance of a business license and zoning compliance. The proposed amendment and restatement is intended to clarify that relationship, and to provide in general a more sufficient and clear statement of those prerequisites that must be satisfied before a business license can be issued.
Impact:
The amendment and restatement of this Section 18.1-12 clarifies its intent for business owners, as well as those administering this law.
Recommendation:
Rec
Approve Ordinance amendment and restatement.
Body
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Section Chapter 18.1, Article I, Section 18.1-12 of the City Code of the City of Hampton, Virginia be amended and restated to read as follows:
Chapter 18.1 - LICENSES
ARTICLE I. - IN GENERAL
. . .
Sec. 18.1-12. Prerequisites to validity.
(a) Location. The commissioner of the revenue shall not license any business at a particular location where the conduct or practice of the same at that location is prohibited by the city zoning ordinance. It shall be the sole responsibility of each applicant to comply with the city’s building and development code and regulations, including, but not limi...
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