Title
Resolution of Hampton City Council Initiating Amendments to the Hampton City Zoning Ordinance Concerning Compliance with New Legislation
Purpose
PURPOSE/BACKGROUND:
The purpose of this item is to request City Council adoption of an initiating resolution to formally begin the process of amending various section of the Hampton City Zoning Ordinance to comply with new legislation from the 2026 Virginia General Assembly legislative session. These new laws and amendments affect local land use regulation and processes.
The initiating resolution does not adopt the ordinance text amendment itself; instead, it directs Community Development and other appropriate staff to prepare draft text and advance it through the required public hearing process in accordance with applicable law.
Discussion:
Amending the City Zoning Ordinance to incorporate the new state legislation would bring the Ordinance into compliance the state law and improve and maintain appropriate zoning controls consistent with public necessity, convenience, general welfare, and good zoning practice.
Impact:
Adoption of the initiating resolution is not expected to have a direct fiscal impact because it does not, by itself, change regulatory requirements. Anticipated City costs at this stage are primarily associated with staff time for drafting ordinance text, internal coordination, legal review, required public notice/advertising, and processing the text amendment through Planning Commission and City Council hearings
Recommendation:
Rec
Adopt the initiating resolution directing staff to prepare proposed amendments to the Hampton City Zoning Ordinance to update the Ordinance with the new state legislation, along with other reasonably related amendments identified by the Director of Community Development; and to advance the proposed text amendments through the public hearing and review process required by Virginia Code, including Planning Commission recommendation and subsequent City Council consideration.
Body
Resolution of Hampton City Council Initiating Amendments to the Hampton City Zoning Ordinance to Comply with New Legislation
WHEREAS, during its 2026 legislative session, the Virginia General Assembly enacted several new laws and amendments to the Virginia Code that affect local land use regulation and processes, and which require the City of Hampton to amend its Zoning Ordinance (the “Ordinance”) in order to comply with those new laws and amendments; and
WHEREAS, City Council has determined that initiation and consideration of amendments to the Ordinance in order to comply with newly adopted state legislation is required by the public necessity, convenience, general welfare, and good zoning practice, as more particularly described above.
NOW, THEREFORE, BE IT RESOLVED BY HAMPTON CITY COUNCIL AS FOLLOWS:
1. The foregoing recitals are incorporated by reference herein.
2. Pursuant to Virginia Code 15.2-2286(A)(7), Hampton City Council formally initiates proposed amendments to the Hampton Zoning Ordinance, specifically (and without limitation) amendments achieving compliance with the following enactments of the General Assembly:
a. House Bill 888, creating new Virginia Code Section 15.2-2209.4, which establishes the maximum number of off-site parking spaces a locality may require for certain new developments; and
b. House Bill 1212, creating new Virginia Code Section 15.2-2286.2, which requires localities to adopt at least one zoning classification in which single-family dwellings are permitted on lots no larger than 3,000 square feet; and
c. House Bill 655, amending Virginia Code Sections 15.2-2247 and 15.2-2290 to require that certain manufactured homes be permitted in zoning districts where site-built housing is allowed; and
d. House Bill 1463, amending Virginia Code Section 15.2-2307 to provide that manufactured homes meeting the HUD manufactured housing code and placed in a nonconforming manufactured home park are legally nonconforming whether a home was present on that space or actually occupied within the previous two years; and
e. House Bill 1279, amending Virginia Code Sections 15.2-2201 and 15.2-2286, and creating new Section 15.2-2288.9, requiring localities to permit tax-exempt religious and charitable organizations to develop residential or mixed-use projects by right.
3. The Director of Community Development and their staff are directed to identify any other new laws and amendments from the General Assembly’s 2026 session affecting local land use regulations and processes to determine whether additional amendments to the Ordinance are necessary or advisable, and to propose additional amendments in relation thereto; and
4. The Director of Community Development and other appropriate staff are directed to prepare draft text for the proposed amendments described above (along with any reasonably related amendments identified by the Director of Community Development) and to take all steps necessary and proper to present the amendments for public hearing before the Planning Commission and City Council, in accordance with applicable law.