Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Chapter 2, Section 2-2 Entitled “Definitions” to Amend the Definition for “Smoke or Vape Shop;” Chapter 3, Section 3-2 Entitled “Table of Uses Permitted” to Add Smoke or Vape Shop to the Use Table; Chapter 3, Section 3-3 Entitled “Additional Standards on Uses” to Add Additional Standards for Smoke or Vape Shop; and Chapter 11, Section 11-2 Entitled “Parking Spaces Required” to Add Smoke or Vape Shop to the Parking Table

Summary

This ordinance amends Hampton's Zoning Ordinance to regulate "Smoke or Vape Shops." Key changes include:

• Definition: Adds a definition for "Smoke or Vape Shop" to Chapter 2, Section 2-2, specifying it includes retail tobacco products, hemp products for smoking, and electronic smoking devices, but excludes establishments with a Virginia ABC license. It also addresses potential future sales of legal marijuana.
• Use Permitted: Adds "Smoke or Vape Shop" as a Use Permit (UP) requiring City Council approval in various commercial and manufacturing zones (e.g., C-1, C-2, C-3, M-1, M-2, M-3) as detailed in Chapter 3, Section 3-2.
• Additional Standards: Imposes specific regulations in Chapter 3, Section 3-3, requiring a Use Permit and including:
  • A 1,000-foot buffer from child day centers, schools, or religious facilities.
  • A 0.5-mile separation from other existing smoke or vape shops.
  • Limited operating hours: 9:00 a.m. to 8:00 p.m.
  • Prohibition of drive-through operations.
  • Restrictions on exterior illumination and window coverings to ensure visibility into the establishment.
• Parking Requirements: Adds specific parking requirements in Chapter 11, Section 11-2, mandating 1 space per 250 sq. ft. of sales area, 1 bicycle space per 166 sq. ft., and 1 commercial space per 50 automobile spaces.

Citizen Impact

This ordinance will restrict the location and operating hours of new smoke and vape shops, requiring a Use Permit and imposing distance requirements from schools, daycares, and religious facilities. It also mandates specific parking and visibility standards for these businesses.

Confidence

high