Title
Ordinance to Amend and Re-enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Chapter 1, Section 1-10.1, Entitled “Process for Zoning Administrator Permits,” and Chapter 3, Sec 3-3, Entitled "Additional Standards on Uses," Concerning the Procedures for Revocation of Certain Zoning Administrator Permits and Appeals
Purpose
Background Statement:
An amendment of Section 1-10.1 would establish a one-year waiting period following a permit revocation before the permit holder may seek another permit for substantially the same use on substantially the same land. These changes are intended to prevent substantially similar applications from being immediately resubmitted following a revocation. The proposed amendment to Section 3-29 would establish a clearer and more consistent process for short-term rental (STR) zoning administrator permits (ZAP) revocations and subsequent applications. It would align STR ZAP revocation appeals with the process applicable to all other zoning administrator permit revocation appeals by moving appeals from the City Council to the Board of Zoning Appeals. Appeals would follow the existing procedures established in Section 1-10.1(7), while the Zoning Administrator would continue to make the initial decision to revoke a permit.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Chapter 1 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE I. - ADMINISTRATION AND ENFORCEMENT OF ORDINANCE
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Sec. 1-10.1. Process for zoning administrator permits.
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(8) If any zoning administrator permit is revoked, the holder of that permit may not seek a zoning administrator permit for substantially the same use on substantially the same land until one (1) year after the date of such revocation. A “holder” of a permit for this purpose is the natural person or business entity in whose name the permit was issued, and any member, manager, officer, or general partner of such a business entity.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 3-3 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 3 - USES PERMITTED
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Sec. 3-3. Additional Standards on Uses.
The following uses have additional standards:
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(29) Short-term rentals in the R-LL, R-43, R-R, R-33, R-22, R-15, R-13, R-11, R-9, R-8, R-4, MD-1, MD-2, MD-3, MD-4, R-M, C-1, C-2, LFA-5, RT-1, BB-1, BB-2, BB-3, DT-1, DT-2, DT-3, PH-1, PH-2, PH-3, FM-1, FM-2, and FM-3 zoning districts are subject to obtaining a Use Permit by city council and shall comply with the following additional standards:
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(d) Short-term rentals for which a complete Use Permit application, as determined by the Zoning Administrator, was submitted prior to June 30, 2024 shall be approved as a zoning administrator permit if the proposed operation complies with the requirements of Section 3-3(29)(a) and all other provisions of the zoning ordinance. Use Permit applications which have a pending public hearing date as of June 30, 2024 may request to be considered as a zoning administrator permit if the proposed operation complies with the requirements of Section 3-3(29)(a).
(e) Short-term rentals for which a business license was issued and zoning compliance was confirmed pursuant to Section 18.1-12 of the City Code prior to December 14, 2022 may operate continuously in the same location until December 31, 2024 provided that the short-term rental maintains compliance with all applicable City Code and Zoning Ordinance provisions during that time. After December 31, 2024, the short-term rental must obtain approval as required by this section in order to continue operation.
(f) Regulations governing the operation of all short-term rentals, including the requirement for a Use Permit, were originally effective December 14, 2022. Sections 3-3(29)(a)-(e) shall have an effective date of September 1, 2024.