City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 15-0024
Ordinance to Amend and Reenact
Chapter 34 Article III Entitled, Encroachments Into Public Streets and Other
Public Ways, Places or Property to Add a New Section 34-87 and to Add a New
Article VI Entitled, Outdoor Seating Administrative Encroachments, Pertaining
to Administrative Encroachments for Outdoor Seating in Public Rights-of-Way
BE IT ORDAINED by the Council of
the City of Hampton, Virginia, that Chapter 34 of the City Code of the City of Hampton entitled Streets and Sidewalks is amended and reenacted to read as follows:
STREETS AND SIDEWALKS
. . . .
ARTICLE III. -
ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY
. . . .
Administrative approval of certain encroachment applications.
(a) Pursuant to its authority under section 15.2-2009
of the Code of Virginia, as amended, the city council hereby authorizes the
city manager or her designee, upon application to the department of public
works, to administratively approve encroachments into public rights-of-way and
other public places for outdoor seating subject to the terms and conditions of
Article VI of this chapter.
(b) If an application for an outdoor seating
encroachment does not meet all of the criteria of Article VI, then the city
manager or her designee is prohibited from administratively approving the
encroachment application. The applicant may then follow the procedure set forth
in section 34-86 for the encroachment to be considered by city council.
. . . .
OUTDOOR SEATING ADMINISTRATIVE ENCROACHMENTS
Outdoor seating permit; definitions.
The following words, terms, and
phrases, when used in this article, shall have the meanings ascribed to them in
this section except where the context clearly indicates a different meaning:
ABC. The Virginia
Department of Alcoholic Beverage Control.
ADA. The Americans
with Disabilities Act of 1990 and the ADA Amendments Act of 2008, 42 U.S.C.
12101, et seq.
community development. The director of the community development department and his
Director of public
The director of the department of public works and his authorized designees.
Establishment. Any business
properly licensed and lawfully located in the Phoebus Business (PH-1), Downtown
Business (DT-1), or Downtown Waterfront (DT-2) zoning districts.
Operator. The person or
entity that operates an Establishment.
Outdoor seating. Any group of
tables, chairs, or other seating fixtures and all related appurtenances
maintained within the public sidewalk or other right-of-way when located
adjacent to an Establishment having the same Operator. Further, outdoor seating
shall be temporary in nature, shall not be permanently affixed so as to extend
below the sidewalk or other right-of-way, must not involve penetration of the
sidewalk surface or be attached to any building, and shall be readily removable
without damage to the surface of the sidewalk or other right-of-way.
34-123. Outdoor seating permit: requirements.
Outdoor seating may
encroach into the public sidewalk or right-of-way only upon issuance of an
outdoor seating permit and encroachment agreement as provided for in this
article. No other use of the area devoted to the outdoor seating shall be
permitted, except normal use as a public sidewalk during the hours that the
outdoor seating is not operated. It shall be the responsibility of the director
of public works to enforce the provisions of this article.
for an outdoor seating permit shall be made to the director of public works on
such application form and subject to such written procedures as the director
may establish. Application for an outdoor seating permit shall be made by the
Operator of an Establishment that is located at street level adjacent to the
proposed outdoor seating area. The application shall be signed by the Operator
of the Establishment and by the owner of the property on which the
Establishment is located if the property owner is not the Establishment
following documents and information shall be submitted with the application for
an outdoor seating permit:
(i) A plan
with dimensions showing the layout and arrangement of the proposed outdoor
seating area, including its overall dimensions, aisle widths, access to the
adjacent building, and the locations and dimensions of chairs, tables,
umbrellas, barriers, outdoor heating devices, and all other appurtenances to be
located within the boundaries of the proposed outdoor seating area;
(ii) A plan
with dimensions and photographs showing the following sidewalk conditions and
features located within the boundaries of the proposed outdoor seating area and
within 10 feet of the outdoor seating areas boundaries: location of the adjacent
improved street right-of-way, existing sidewalk paving material and width
measured from the building to the face of the curb and from the proposed
outdoor seating to the face of the curb; the locations of tree wells, sidewalk
grates, benches, bus passenger shelters, mailboxes, newspaper boxes, lampposts,
traffic signal poles, traffic and parking signs, parking meters, wheelchair
ramps, driveways, fire hydrants, trash receptacles and similar sidewalk
features or obstructions; and the boundaries of any existing adjacent outdoor
number of water closets and lavatories provided in the existing Establishment
and the seating capacity of the proposed outdoor seating area.
or other graphic representations, together with specifications, which depict
the design, materials, and colors of chairs, tables, umbrellas, barriers, and
all other appurtenances to be located within the boundaries of the proposed
outdoor seating area; and
additional information as the director of public works may require as needed to
determine compliance with the provisions of this article.
application fee of $100.00 shall accompany each application for an outdoor
(c) Encroachment agreement; liability insurance and
Prior to approval of any outdoor seating permit,
the applicant shall submit:
(1) An executed encroachment agreement,
incorporating all terms and conditions imposed by city staff and in a form
approved by the city attorney or her designee, which shall include but not be
limited to provisions regarding insurance and indemnification as may be
required by the risk manager; and
(2) A certificate of liability insurance in such
amounts and such coverages as may be required by the risk manager, naming the
City of Hampton as an additional insured in a form satisfactory to the risk
and taxes to be paid.
All City of Hampton fees and taxes required by law and applicable to the Establishment, or to the
property on which the Establishment is located, shall be paid in full and all
required city licenses shall be current prior to approval of an outdoor seating
Sec. 34-124 Outdoor seating permit;
(a) After a
complete application, including all required materials as set forth in section
34-123, is submitted, the director of public works shall respond to the applicant within 30 days by forwarding any comments and
identifying any deficiencies in the application or by acting upon the
application after consultation with the director of the department of
community development. The director of public works may approve the outdoor
seating permit, approve the outdoor seating permit with conditions, or deny the
outdoor seating permit.
for application review.
Approval of an
outdoor seating permit shall be granted only if:
proposed outdoor seating complies with the City of Hampton Pedestrian Amenity
Establishment is properly licensed and lawfully located in the Phoebus Business
(PH-1), Downtown Business (DT-1), or Downtown Waterfront (DT-2) zoning
proposed outdoor seating complies with the uniform statewide building code and
all applicable provisions of federal, state, and local law, including this
space will remain in the public sidewalk or right-of-way area to facilitate
safe and convenient circulation of pedestrian traffic and compliance with the ADA; and
proposed outdoor seating will not unreasonably interfere with the normal use of
city property by the city or general public, and does not present a safety, health,
or environmental hazard.
of approved permit on the premises.
approved, the outdoor seating permit and related materials as set forth in
section 34-123(b) shall be available on the premises of the Establishment at
all times and shall be provided to representatives of the city upon request.
34-125. - Outdoor seating permit; changes to approved permit.
No material change
to an approved outdoor seating permit shall be made without prior written
approval by the director of public works after consultation with the director
of community development, provided that the director of public works may modify
an approved permit if he finds there is a public need relative to use of the
adjacent sidewalk area or right-of-way.
34-126. Outdoor seating permit; duration and transferability.
outdoor seating permit shall be valid until the time the Establishment ceases
operation, the permit is suspended, or the permit is revoked.
outdoor seating permit shall not be transferable to another Operator or
34-127. Outdoor seating permit; enforcement, revocation and suspension.
encroachment granted pursuant to this article is a license merely and shall be
revocable at the pleasure of the city council.
(b) Administrative revocation of
approved permit by the director of public works.
director of public works shall have the authority to revoke an approved outdoor
seating permit if any of the following occurs:
applicant has misrepresented facts or provided false information in the outdoor
seating permit application;
outdoor seating area is operated in violation of the terms or conditions of the
outdoor seating permit, City of Hampton Pedestrian Amenity Design Standards,
ABC regulations, or the encroachment agreement;
outdoor seating area or the Establishment is operated in violation of the
zoning ordinance, city code, or other applicable federal, state or local law;
outdoor seating area constitutes a public nuisance or a hazard to the public
health, safety, or welfare of the public, or is endangering the life or
property of others.
Establishment has delinquent taxes, unpaid fees, or has not maintained all
licenses necessary for operation of the Establishment and outdoor seating area;
director of public works determines that there is a public need relative to the
portion of the sidewalk occupied by or otherwise affected by the outdoor
seating, including but not limited to work in the sidewalk area.
director of public works shall provide written notice to the Operator and owner
of the property where the Establishment is located setting forth the effective
date of the revocation and the grounds therefor. Such revocation shall not be
appealable. Upon revocation, the applicant may elect to follow the procedure
set forth in section 34-86 for a new encroachment application to be considered
by city council.
(3) In the
case of revocation of an outdoor seating permit on grounds other than specified
in subsection (b)(1)(vi) of this subsection, the Operator of the outdoor
seating shall not be permitted to re-apply for an administrative outdoor
seating permit to operate an outdoor seating area for the same Establishment
within one year of revocation.
(c) Administrative suspension of an
approved permit by the director of public works.
director of public works shall have the authority to suspend an approved
outdoor seating permit for a period of up to 30 days, or such longer period as
may be necessary, if any of the conditions of section 34-127(b)(1) occurs.
director of public works shall provide written notice to the Operator setting
forth the effective date of the suspension, the length of the suspension, and
the grounds therefor.
director of public works may reinstate an outdoor seating permit if the
director is satisfied that the grounds for the suspension have been abated.
Outdoor seating permit; marking of outdoor seating area for inspection.
After approval of
an outdoor seating permit and prior to initial occupancy of any area approved
for use for outdoor seating, the Operator of the outdoor seating shall mark the
corners of the approved outdoor seating area in a conspicuous but non-permanent
manner on the sidewalk surface and shall notify the director of public works
for inspection and approval of the same.
34-129. Outdoor seating permit; design standards.
(a) The City
of Hampton Pedestrian Amenity Design Standards is declared to be a part of this
article and to have the same force and effect as if it were fully set forth and
described herein. The City of Hampton Pedestrian Amenity Design Standards shall
be kept in the office of the department of community development and public
works and may be amended by from time to time with the joint approval of the
directors of the departments of community development and public works.
outdoor seating area shall be designed and operated in compliance with the City
of Hampton Pedestrian Amenity Design Standards.
Sec. 130. -
the regular meeting of the City Council of the City of Hampton, Virginia held
on October 14, 2015.
Signed by ____________________________ Date
George E. Wallace, Mayor
Attested by ____________________________ Date _________________
Katherine K. Glass, CMC
Clerk of the Council