Legislation # 09-0049 Enactment Number none
Type Ordinance - Zoning Text Effective Date 2/11/2009
Introduction Date 2/11/2009
Title Zoning Ordinance Amendment by the City of Hampton to amend Chapter 2, Definitions, Sec. 2-54.2; Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; Chapter 13, C-3 General Commercial District, Sec. 13-1, Uses Permitted; and Chapter 17.3, Special Public Interest District, Article XV, Special Public Interest-Coliseum Central District, Sec. 17.3-116, Limitations on Permitted Uses to define tattoo parlors, allow tattoo parlors with an approved Use Permit in the C-2 and C-3 Districts, and prohibit tattoo parlors in the SPI-CC District.
 
Legislation History 09-0049
DateNotice Of ActionDescription
3/20/2009 Enactment Number Z09-0049
3/11/2009 Approved
3/11/2009 Held Public Hearing - Ernest Ferguson spoke in opposition to a specific tattoo parlor being located in a strip mall. James Quigley also spoke on the issue.
3/11/2009 Presented by Michael Hayes, City Planner. Planning Director, Terry P. O'Neill also provided information.
2/11/2009 Deferred (3/11/2009)
2/11/2009 Held Public Hearing - Dr. Theodore Reiff questioned the role of the health department in approval of tattoo parlors.
2/11/2009 Presented by Michael Hayes, City Planner.
1/30/2009 Received By Clerk's Office
 
View Attachments 09-0049
FileTypeSizeDescription
C2C3Map.pdf Map 1445K Map
Proposed ZO Amendments TP Red Line Final.pdf Other 29K Ordinance Amendment Redline
Resolution TP ZOA.pdf PC Resolution 18K Resolution
TattooZOA PC Memo Final.pdf Memorandum 24K Memo
TP CC Presentation.ppt Power Point Presentation 1021K Power Point
ZOA TP March CC.ppt Power Point Presentation 595K NEW Presentation for March meeting
 
Legislation Text 09-0049

 

City of Hampton, Virginia

Ordinance - Zoning Text

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 09-0049

 

Enactment Number: Z09-04

 

Zoning Ordinance Amendment by the City of Hampton to amend Chapter 2, Definitions, Sec. 2-54.2; Chapter 12, C-2 Limited Commercial District, Sec. 12-1, Uses Permitted; Chapter 13, C-3 General Commercial District, Sec. 13-1, Uses Permitted; and Chapter 17.3, Special Public Interest District, Article XV, Special Public Interest-Coliseum Central District, Sec. 17.3-116, Limitations on Permitted Uses to define tattoo parlors, allow tattoo parlors with an approved Use Permit in the C-2 and C-3 Districts, and prohibit tattoo parlors in the SPI-CC District.

 

 

 

 

CHAPTER 2

 

DEFINITIONS

 

Sec. 2-1. Rules of Construction

 

Sec. 2-54.2. Tattoo Parlor

Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin, except when performed by a medical doctor, veterinarian, registered nurse or any other medical services personnel licensed pursuant to the Title 54.1 of the code of Virginia in the performance of his professional duties. Such establishments may also perform body piercing.

 

 


CHAPTER 12

 

C-2 District -- Limited Commercial District

 

 

Sec. 12-1. Uses Permitted; C-2 District.

 

The following uses are permitted in all C-2 Districts:

 

Sec. 12-1. Uses Permitted; C-2 District.

 

The following uses are permitted in all C-2 Districts:

 

(1) All uses permitted in C-1, Neighborhood Commercial

Districts, and MD-2 and MD-3, Multiple Dwelling

Districts.

 

(2) Auditorium or assembly halls.

 

(3) Sales of new automobile passenger cars, new trucks

or new truck trailers, and in connection therewith the sale of parts, service, and of used cars, trucks, or trailers.

 

(4) Bicycle sales and repairs.

 

(5) Billiard or pool rooms or bowling alley.

 

(6) Catering establishments.

 

(7) Cleaning and pressing establishments using closed

type cleaning or pressing equipment where non-flammable liquid is used for cleaning solvent.

 

(8) Fraternal clubs or lodges, subject to securing a

Conditional Privilege. (amended 10/23/96)

 

(9) Funeral home or mortuary, subject to securing a

Conditional Privilege. (amended 10/23/96)

 

(10) Hotels, with or without business occupancies on

the ground or lobby floor, and with or without a public dance hall within, operated by and in conjunction with the hotel, subject to securing a Use Permit. (amended 8/15/07).

 

(11) Job printing shops not exceeding three thousand

(3,000) square feet of floor space.

 

(12) Loan offices.

 

(13) Lunchrooms, cafes, drive-ins, no dancing or live

entertainment.

 

(14) Motels, with or without restaurants or dining

rooms, and with or without a public dance hall, all on the same property and all operated in conjunction with the motel, subject to securing a Conditional Privilege. (amended 8/15/07)

 

(15) Restaurants or dining rooms, with or without a

public dance hall within, and operated in conjunction therewith.

 

(16) Second-hand stores conducted wholly within an

enclosed building.

 

(17) Sign painting shop.

 

(18) Swimming pools, ice and roller skating rinks,

commercial.

 

(19) Tire sales and repair shop operated wholly within

an enclosed building.

 

(20) Upholstery shop for furniture only.

 

(21) Automobile laundries or car wash facilities

subject to providing a minimum of off-street parking spaces as follows:

 

(a) For self-service car wash facilities, a

minimum of two (2) off-street parking spaces shall be provided at both ends of each stall, plus one (1) off-street parking space per stall.

 

(b) For all other car wash facilities, ten (10)

off-street parking spaces at both ends of each lane used in the washing operation, plus three (3) off-street parking spaces for use as storage parking area.

 

(22) Accessory building and uses.

 

(23) Motorcycle sales and services when operated

completely within an enclosed building.

 

(24) Animal or veterinary hospitals when operated

within a completely enclosed building, subject to securing a Conditional Privilege. (amended 10/23/96)

 

(25) Amusement centers, subject to securing a Conditional Privilege. (amended 10/23/96)

 

(26) Pawnshops, subject to securing a Conditional Privilege. (amended 10/23/96)

 

(27) Vehicle storage area as an accessory use to the

sale of new automobile passenger cars, new trucks, new truck trailers, or to a gasoline supply station, subject to securing a Use Permit as provided in Section 20-5.1. (10/27/99)

 

(28) Commercial communication tower, subject to securing a Use Permit. (10/27/99)

 

(29) Commercial Building Mounted Antenna; provided the following:

 

(a) The building is not a single family dwelling;

 

(b) The minimum height of the building shall be no less than thirty five (35) feet);

 

(c) The height of the antenna (including support structures) shall not exceed twenty two feet above the highest point of the building;

 

(d) The antenna and support structures are painted so that they are compatible with the primary building structure, unless roof mounted; and (amended 7/9/97)

 

(e) Intermodulation testing is coordinated through the Hampton Police Division demonstrating that the proposed antenna operation is designed in a manner to eliminate interference with public safety communications. Such testing shall also be required from each subsequent operator prior to any building permits to add or modify antennae. Should any equipment associated with the antennae be found to interfere with public safety communications, the owner shall be responsible for the elimination of such interference. (Amended 1/23/02)

 

(30) Day care 2, in detached single family homes with non-conforming status, subject to securing a Special Exception from the Board of Zoning Appeals. Unless it makes a factual determination that the proposed DC2 would be incompatible with the quiet enjoyment of surrounding properties, the Board shall issue the requested Special Exception. It may impose conditions governing factors related to the operation of said home, such as, but not limited to:

 

(a)         hours of operation;

 

(b)         location of play area and equipment;

 

(c)         fencing of play area;

 

(d)         limitations on signage;

 

(e)         record-keeping requirements and inspection by authorized personnel.

 

If the Board denies an application for Special Exception, no further application for Special Exception pertaining to the same use on the same property will be accepted by the Board for one (1) year following the date of denial. (10/27/99)

 

(31) Day care 3, subject to securing a Conditional Privilege. (10/27/99)

 

(5) Billiard or pool rooms or bowling alley.

 

(32) Reserved

 

(33) Tattoo parlors subject to securing a Use Permit.

 

(34) Other retail stores, businesses, and uses similar

to the above and being of the same general character of those listed in this section.


CHAPTER 13

 

C-3 District -- General Commercial District

 

 

Sec. 13-1. Uses Permitted; C-3 District.

 

The following uses are permitted in all C-3 Districts:

 

(1)         All uses permitted in C-2, Limited Commercial Districts, EXCEPT:

 

(a)         Reserved;

 

(b)         townhouses and multiple dwellings;

 

(c)         manufactured/mobile home parks and subdivisions;

 

(d)         adult care residences 1, 2 and 3;

 

(e)         boarding houses;

 

(f)         group homes 1 and 2;

 

(g)         juvenile residences 1, 2 and 3; and

 

(h)         rooming houses. (10/27/99)

 

(2) Amusement operations generally, including boxing

arena, carousel, ferris wheel, fortune teller, palmist.

 

(3) Automobile laundry.

 

(4) Automobile used car lot.

 

(5) Carnivals, subject to securing a Conditional Privilege. (amended 10/23/96)

 

(6) Cleaning and pressing establishments.

 

(7) Commercial garage.

 

(8) Farm implement sales and service, feed and seed

store.

 

(9) Ice storage and distributing station of not more

than five (5) tons capacity.

 

(10) Deleted.

 

(11) Manufacturing, compounding, processing, packaging, or treatment of bakery goods, seafood, or dairy products.

 

(12) Motorcycle sales and service.

 

(13) Plumbing, electrical, and/or carpentry shops.

 

(14) Printing, lithographing, blueprinting.

 

(15) Public dance halls.

(16) Repair or service shops for motor vehicles or

trailers.

 

(17) Rescue missions, temporary tent revival churches.

(18) Taxidermists.

 

(19) Wholesale, or brokerage establishments (amended 12/19/07)

 

(19.1) Storage establishments, subject to securing a Use Permit. (amended 12/19/07)

 

(20) Animal or veterinary hospitals, when operated

within a completely enclosed building, subject to securing a Conditional Privilege. (amended 10/23/96)

 

(21) Adult entertainment establishments, provided that

their structures shall not be located nearer than one thousand (1,000) feet to:

 

(a) Any school, church, park, playground, or

library property;

 

(b) Any other adult entertainment establishment;

 

(c) Any residentially zoned property which fronts

on the same street or which contains any school, church, park, playground, library; otherwise, the minimum distance from such structures to a residential zone shall be three hundred (300) feet.

 

For the purposes of this paragraph, distances

shall be measured on a straight line (1) from the adult entertainment establishment to the nearest point of the property named in (a) or (c) above, or (2) between the establishment named in (b) above.

 

(22) Shooting gallery or indoor shooting range, subject

to securing a Conditional Privilege. (amended 10/23/96)

 

(23) Skateboard ramps.

 

(24) Vehicle storage areas, subject to securing a Use

Permit as provided in Section 20-5.1. (10/27/99)

 

(25) Commercial Building Mounted Antenna; provided the following:

 

(a) The building is not a single family dwelling;

 

(b) The minimum height of the building shall be no less than thirty five (35) feet;

 

(c) The height of the antenna (including support structures) shall not exceed twenty two feet above the highest point of the building; and

 

(d) The antenna and support structures are painted so that they are compatible with the primary building structure, unless roof mounted; and (amended 7/9/97)

 

(e) Intermodulation testing is coordinated through the Hampton Police Division demonstrating that the proposed antenna operation is designed in a manner to eliminate interference with public safety communications. Such testing shall also be required from each subsequent operator prior to any building permits to add or modify antennae. Should any equipment associated with the antennae be found to interfere with public safety communications, the owner shall be responsible for the elimination of such interference. (Amended 1/23/02)

 

(26) Commercial communication tower, subject to securing a Use Permit. (10/27/99)

 

(27) Tattoo parlors, subject to securing a Use Permit.

 

(28) Other uses similar to the above and being of the

same general character as those listed.


 

 

Article XV. Special Public Interest Coliseum Central District (SPI-CC) (6/1/00)

Sec. 17.3-116. Limitations on Permitted Uses.

 

(1)         Permitted uses shall be defined by the base zoning of the individual properties; however, the following uses shall not be permitted:

 

(a)         boarding houses;

 

(b)         funeral homes;

 

(c)         mobile/manufactured home parks and subdivisions;

 

(d)         pawnshops;

 

(e)         rooming houses;

 

(f)         sign painting shops; and

 

(g)         tattoo parlors

 

(h)         turkish baths.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on March 11, 2009.

 

 

 

Signed by ____________________________ Date _________________

Molly Joseph Ward, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council