Title
Ordinance To Amend And Re-Enact Chapter 3 Of 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”
Purpose
Background Statement:
This amendment is in response to additional authority granted by House Bill 731 (2020) & Senate Bill 676 (2020), which amended section 15.2-2286 of the Code of Virginia. As of July 1st, 2020, the City of Hampton is added to the localities that are authorized to impose a condition on use permits for businesses which have retail alcoholic beverage licenses, stating that the use permit will automatically expire upon any of the following: change in ownership of the property, change in tenant, change in operation or management of the facility (business entity change), or the passage of a specific period of time (e.g., 5 years). Under the previous law, use permits ran with the land and new operators could “step into the shoes” of former operators.
This new authority applies to use permits only and does not apply to zoning administrator permits. Zoning administrator permits are approved administratively with general conditions and do not expire upon a change in ownership, tenant, or operator. Use permits require approval by City Council with site specific conditions.
This amendment adds a use permit or zoning administrator permit requirement to those restaurants with a retail alcoholic beverage license and breweries/distilleries/wineries; it does not change which districts restaurants or breweries/distilleries/wineries are permitted in. Restaurants which do not have a retail alcoholic beverage license are not affected by this amendment.
Restaurants with a retail alcoholic beverage license and breweries/distilleries/wineries are proposed to be permitted with a zoning administrator permit with the condition that the hours are limited to 6am - 10pm. Those establishments wishing to operate outside of those hours will ...
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