HAMPTON—The Hampton Planning Commission recently proposed amendments to the City of Hampton Zoning Ordinances in relation to how drinking and dining establishments are classified.
Under the current ordinances, there are 15 designations, or uses, related to the operation of dining and drinking establishments in Hampton. In July 2020, the city amended the zoning ordinances to adopt several new restaurant uses due to new state authority regarding operation with an Alcoholic Beverage Control (ABC) license. Since the adoption of those new uses and additional standards, there have been several instances of restaurants struggling to comply with restrictions. There have also been instances where the operators received conflicting information from city staff or did not understand the information received, and subsequently violated the restrictions of their zoning administrator permits.
The new amendments propose just three restaurant uses including: restaurant 1; restaurant 2; and restaurant 3.
Restaurant 1 establishments will be permitted by-right and are limited in hours of operation between 5am and 2am. No live entertainment, outdoor dining, or operation with an ABC license are allowed.
Restaurant 2 hours of operation remain between 5am and 2am, unless the restaurant operates with an ABC license, in which case hours would decrease to 5am to midnight (two hours longer than the current restriction of 10pm). Restaurant 2 entities may have limited live entertainment indoors, and limited outdoor dining, as permitted by their zoning district. Similarly, they may have drive-throughs or drive-ins, as permitted by their zoning district. All restaurant 2s must obtain a zoning administrator permit (ZAP) and comply with proposed standards.
Restaurant 3 businesses would be any other restaurant wishing to deviate from the restrictions of Restaurant 1 and 2 designations. Those businesses would need to request a use permit (UP). Specific restrictions would depend on site analysis during the UP process.
In regard to micro-breweries/distilleries/wineries, the ordinance currently includes three uses. The proposed amendments would reduce those to one.
In addition to consolidating the various uses related to eating and drinking establishments, the amendments look to clarify the restrictions related to those uses and reduce misunderstanding of restrictions for restaurant operators. The amendments also look to help ease the financial burden on ABC-licensed businesses by extending operating hours.
The proposed restaurant categories only apply to new restaurants or those wanting to extend beyond their current approvals. The new amendments will next go to Hampton City Council for review.