City of Hampton - File #: 22-0169

• File #: 22-0169
• Version: 1
• Name: ZOA 22-00005 ABC Restaurant Brew/Dist/Wine
• Type: Zoning Ordinance - Text
• Status: Passed
• File created: 5/6/2022
• In control: City Council Special Session
• On agenda: 7/13/2022
• Final action: 7/13/2022
• Title: 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” and Section 3-3 Entitled, “Additional Standards on Uses,” to Modify Regulations Pertaining to Restaurants, Micro-breweries, Distilleries, and Wineries, and Breweries, Distilleries, and Wineries with Retail Alcoholic Beverage Licenses or Live Entertainment or Outdoor Dining
• Indexes: , DO NOT USE - 21 - Economic Base Growth
• Related files: 20-0198, 20-0199, 24-0454

Date	Ver.	Action By	Action	Result
7/13/2022	1	City Council Legislative Session	approved	Pass
5/25/2022	1	City Council Legislative Session	deferred	Pass

Title
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” and Section 3-3 Entitled, “Additional Standards on Uses,” to Modify Regulations Pertaining to Restaurants, Micro-breweries, Distilleries, and Wineries, and Breweries, Distilleries, and Wineries with Retail Alcoholic Beverage Licenses or Live Entertainment or Outdoor Dining

Purpose
Background Statement:
This amendment consolidates several uses included within the “Table of Uses Permitted” generally related to restaurants, such as those with drive-throughs, live entertainment, or outdoor dining. The amendment proposes three restaurant uses: restaurant 1, restaurant 2, and restaurant 3. Proposed additional standards within those new restaurant categories will clarify permitted hours of operation, live entertainment, outdoor dining, drive-throughs or drive-ins, and operation with a retail alcoholic beverage license (ABC license) as part of the restaurant operation. Similarly, a set of additional standards is proposed for micro-breweries/distilleries/wineries, and breweries/distilleries/wineries.

In July 2020, the City amended the zoning ordinance to adopt several new restaurant uses due to new state authority regarding operation with an ABC license. Since the adoption of those new uses and additional standards, there have been several instances of restaurants struggling to comply with the restrictions. There have been instances where the operators received conflicting information from City staff or did not understand the information received, and subsequently violated the restrictions of their zoning administrator permits. This amendment is proposed in order to simplify the ordinance and ease the restrictive hours of operation standard which has been the largest point of difficulty.

Within the proposed restaurant 1 category, hours of operation are proposed as limited to between 5 am and 2 am. No live entertainment...