City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 15-0025
Ordinance to Amend and Reenact the
City Code of the City of Hampton, Virginia by Adding a New Article II to
Chapter 42 Entitled, Arts and Cultural Districts Pertaining to The
Establishment and Regulation of Arts and Cultural Districts With an Effective Date
of January 1, 2016.
BE IT ORDAINED by the City Council of the City of Hampton, Virginia, that
Article II of Chapter 42 of the City Code of the City of Hampton, Virginia be
added to read as follows:
CHAPTER 42 ZONES;
. . . .
ARTICLE II. ARTS
AND CULTURAL DISTRICTS
Sec. 42-11. Arts
and cultural districts; purpose and intent.
The city council finds that establishment of one or more
arts and cultural districts, as authorized by Virginia Code 15.2-1129.1, as
amended, will benefit the public health, safety, and welfare, by increasing
awareness and support for the arts and culture in the City of Hampton and
stimulating related economic development opportunities.
Sec. 42-12. Arts
and cultural districts; definitions.
As used in this article, the following terms are defined as
Antique. A work of art,
piece of furniture or decorative object produced at least 100 years ago.
City Code. The City Code of
the City of Hampton, Virginia, as amended.
District Administrator. The City Manager of the City of Hampton or her designee.
Expanded Business. A Qualified Arts or Cultural Business that is currently
located within an Arts and Cultural District and does one of the following:
(a) Makes a
capital investment in the business of at least $10,000 to acquire or upgrade
productive fixed assets, including but not limited to buildings, machinery and
equipment, and vehicles, to increase the capacity or efficiency of the business
for more than one accounting period. Capital investments do not include funds
spent for working capital or day-to-day operation of the business.
at least one new full-time job at the business.
New Business. A Qualified Arts
or Cultural Business that is not currently located within the Arts and Cultural
Qualified Arts or Cultural Business. A New Business, Expanded Business, or non-profit
organization that is certified by the District Administrator and that meets at
least one of the following:
business or non-profit organization that presents or hosts live performances of
theatre, dance, music, or other imaginative work or produces or exhibits
physical works created by, or under the direction of artists, which are
intended for unique production or limited reproduction. Museums or historic
sites, the primary mission of which is education, history, or historic
preservation, may also be certified as a Qualified Arts or Cultural Business.
business whose primary economic activities are the generation or utilization of
innovation, knowledge, and information involving individual creativity, skill,
and talent. Said economic activities may have the potential for wealth and job
creation through the generation of ideas, products, or services and may
constitute the intellectual property of the business or artist. This category
includes but is not limited to: advertising, architecture, art, antiques,
auctioneering, culinary arts instruction, craft breweries, crafts, design,
designing computer games or software, embroidery or silk-screening, fashion
design or modeling, film and video, furniture design, interior design,
landscape architecture, music, performing arts, pottery, publishing, and
television and radio.
In no case shall a restaurant or an office
use, including but not limited to a bank, real estate office, medical office,
or attorney's office, be deemed to be a Qualified Arts or Cultural Business;
nor shall a business or individual requiring licensure by the Virginia
Department of Professional and Occupational Regulations qualify as a Qualified
Arts or Cultural Business, unless otherwise expressly stated in this article.
Zoning Ordinance. The Zoning Ordinance of the City of Hampton, Virginia, as
Sec. 42-13. Arts
and cultural districts; administration and enforcement.
article shall be administered and enforced by the District Administrator.
District Administrator is authorized to develop an application process for the
grant of incentives and regulatory flexibility, which shall be kept on file in
the office of the department of economic development.
Sec. 42-14. Arts
and cultural districts; creation of district and boundaries.
The boundaries of the city's arts and cultural districts
shall be shown on the map entitled City of Hampton Arts and Cultural Districts
Map. The City of Hampton Arts and Cultural District Map is hereby declared to
be a part of this article and to have the same force and effect as if it was
fully set forth and described herein. The City of Hampton Arts and Cultural
District Map shall be kept on file in the office of the department of economic
Sec. 42-15. Arts
and cultural districts; incentives.
Arts or Cultural Businesses shall be eligible for incentives for up to 5 years
provided the following conditions are met:
(1) The Qualified Arts or Cultural Business is
certified by the District Administrator to be a Qualified Arts and Cultural
Business as defined by this article. The burden shall be on the Qualified Arts
or Cultural Business to prove, to the satisfaction of the District
Administrator, that it meets the definition contained in this article;
(2) The Qualified Arts or Cultural Business is
located within an Incentive Area designated on the City of Hampton Arts and
Cultural District Map; and
(3) The Qualified Arts or Cultural Business complies
with all applicable federal, state, and local laws and regulations at all
Arts or Cultural Businesses meeting all of the criteria of this article shall
be eligible for the following incentives for up to 5 years from the date of
certification by the District Administrator as set forth in Section
(1) Reduction of certain permit fees. 100% reduction
of building permit (City Code 9-42), electrical permit (City Code 9-43),
mechanical and gas permit (City Code 9-44), plumbing permit (City Code
9-45), sign permit (Zoning Ordinance 1-10), use permit application (Zoning
Ordinance 14-3), and rezoning application (Zoning Ordinance 14-22) fees.
(i) Qualified Arts or Cultural Businesses are eligible
to receive no more than $10,000 in reduced permit fees within the 5-year
(2) Reduction of certain fees related to Special
Events. For Special Events that will take place within the Arts and Cultural
District boundaries, a 100% reduction of the Special Event Permit Application
Fee (City Code 2-314), Park and Outdoor Facilities Rental Fee (City Code
26-26.1), and Park and Outdoor Facilities Staff Fee (City Code 26-26.1). No
other fees shall be reduced, including but not limited to the Deposit Fee,
Security Fee, or other equipment rental or personnel fees as may be required by
the Special Event Permit or set forth in City Code 2-318.
(i) Qualified Arts or Cultural Businesses are
eligible to receive no more than $10,000 in reduced Special Event fees within
the 5-year incentive period.
(3) Increased awards related to Economic Development
Authority (EDA) grant programs. Subject to approval by the EDA and the
availability of funds, Qualified Arts or Cultural Businesses may be eligible
for increased awards as set forth in the EDAs adopted grant guidelines for the
Downtown and Phoebus Retail Incentive Grant and Revolving Loan Fund/Business Improvement
Sec. 42-16. Arts
and cultural districts; compliance with article.
Qualified Arts or Cultural Business that fails to pay in full any tax imposed
by the City by the due date shall lose its certification for the year of such
tax and its entitlement to any incentives afforded under this article during
Qualified Arts or Cultural Business receiving incentives under this article
that fails to at all times comply with all applicable federal, state and local
laws and regulations and this article shall in the case of a first offense lose
its Qualified Arts or Cultural Business certification for the remainder of the
current fiscal year and in the case of any subsequent failure shall lose its
Qualified Arts or Cultural Business certification for the duration of the total
remaining 5-year incentive term.
Sec. 42-17. Arts
and cultural districts; effective date.
article shall have an effective date of January 1, 2016.
Secs. 42-18- 42-20.
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