City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
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.
. . . .
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.
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.
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.
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:
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.
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.
sale or exchange shall not be conducted on or from vacant lots except for
seasonal sales as defined in this section.
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
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
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
(f) The requirements of this
section 34-7 shall not apply to:
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;
otherwise lawful sale of market produce and related items from the site on
which they are grown;
sales in residential areas; or
or exchanges authorized as part of a special event permit issued pursuant to
the City Code.
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.
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