Legislation # 15-0343 Enactment Number 15-0028
Type Ordinance - Coded Effective Date none
Introduction Date 10/28/2015
Title Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Section 34-7 Entitled, “Sales Conducted on or Adjacent to a Public Right-of-Way,” Pertaining to the Regulation of Seasonal Sales and Special Event Permits.
 
Legislation History 15-0343
DateNotice Of ActionDescription
11/6/2015 Enactment Number 15-0028
10/28/2015 Approved
10/21/2015 Received By Clerk's Office
 
View Attachments 15-0343
FileTypeSizeDescription
3 REDLINE - City Code Chapter 34 - Special Events Seasonal Sales - FINAL.pdf Exhibit 116K Redline Ordinance
 
Legislation Text 15-0343

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 15-0343

 

Enactment Number: 15-0028

 

Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Section 34-7 Entitled, Sales Conducted on or Adjacent to a Public Right-of-Way, Pertaining to the Regulation of Seasonal Sales and Special Event Permits.

 

 

BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that Article I of Chapter 34 of the City Code of the City of Hampton, Virginia be amended to read as follows:

 

Chapter 34 - STREETS AND SIDEWALKS

 

ARTICLE I. - IN GENERAL

 

. . . .

 

Sec. 34-7. - Sales conducted on or adjacent to public right-of-way.

 

. . . .

 

(a) For the purposes of this section, "sale or exchange" shall be defined as the advertising, displaying, offering or exchanging, for value, of any item mentioned in subsection (b) of this section.

(b)

(1) The sale or exchange of any item, including, but not limited to, any and all goods, wares, flowers, prepared or unprepared food or any other product, by any person from any temporary structure, including, but not limited to, any table or stand, or from any motor vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal-propelled vehicle, which sale or exchange is conducted in any public right-of-way or on any private property adjacent to a public right-of-way, shall be subject to the regulations set out in this section.

(2) Seasonal sales. Sale or exchange shall also include seasonal sales, which for purposes of this section shall mean the sale or exchange of market produce and agricultural products sold or exchanged during the local growing season, including but not limited to Christmas trees, pumpkins, and summer vegetables and produce. Seasonal sales shall not to include seafood products.

(e) Persons conducting a sale or exchange of the type described in subsection (b) of this section on private property adjacent to a public right-of-way, and persons allowing their private property to be used for such sale or exchange, shall be subject to the following regulations:

(1) No sale or exchange shall take place or be conducted, and no structure used for such sale or exchange shall be located, within fifty (50) feet of the closest edge of the nearest sidewalk pavement, or street pavement if there is no sidewalk, of any public right-of-way.

(2) The person conducting the sale or exchange shall have obtained written permission to conduct such activity from the owner of the property involved, and shall have also obtained, from such owner, exclusive control over any area of the property, within the allowed area, sufficient to ensure that there is adequate space for the safe circulation of traffic. Such area shall not be less than eight hundred (800) square feet. The person conducting the sale or exchange shall not allow any other activity to be conducted within this minimal eight hundred (800) square foot area.

(3) Such sale or exchange shall not be conducted on or from vacant lots except for seasonal sales as defined in this section.

(4) Before any person may conduct such sale or exchange, such person must have identifying the location of the property on which the activity is to be conducted and showing the location of the structure from which the sale or exchange activity will occur, the area under the control of such person and provisions for well-defined vehicular entrances and exits. Such plat or site plan shall be accompanied by a nonrefundable fee of twenty-five dollars ($25.00) for processing. After review and approval of such plat or site plan by the commissioner of revenue, application shall be made to the commissioner of revenue for a permit to engage in the activities covered by this section, in accordance with this section and the approved plat or site plan. Such application shall state the name, address and telephone number of the person conducting the activity and the days and hours of operation, and shall include evidence of the property owner's permission to so use the property, as required above, as well as a copy of the approved plat or site plan. A copy of the permit issued by the commissioner of revenue, as well as a copy of the approved plat or site plan and the written permission of the property owner, shall be kept at the site of the activity, in a convenient place, and shall be exhibited, upon request, to any police officer or agent of the commissioner of revenue. Such permit must be obtained before a business license for such activity may be issued, and shall be renewed annually prior to the renewal of any business license.

(5) Seasonal sales shall be permitted in accordance with the requirements of this section and shall not occur at any one parcel more than 120 days in any one calendar year.

(6) Such permitted sales or exchanges shall only occur on properties where, pursuant to the zoning ordinance, retail sales, general is a permitted use or the primary use of the property is a religious facility, public or private school, structure to house a government function, community center, or private or fraternal club/lodge.

(f) The requirements of this section 34-7 shall not apply to:

(1) Outdoor sales and exchanges which occur as an incidental part of the retail sales activity of a merchant regularly conducting business from a permanent building, where such sales are conducted on the premises of the building and in close proximity to the building;

(2) The otherwise lawful sale of market produce and related items from the site on which they are grown;

(3) Garage sales in residential areas; or

(4) Sales or exchanges authorized as part of a special event permit issued pursuant to the City Code.

(g) Nothing in this section shall exempt any person conducting a sale or exchange of the type described herein from the requirements of the zoning ordinance or any other applicable provision of law.

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on October 28, 2015.

 

 

 

Signed by ____________________________ Date _________________

George E. Wallace, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass, CMC

Clerk of the Council