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File #:
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24-0174
Version:
1
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Name:
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Short-term Rental ZOA Ch 2
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Type:
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Zoning Ordinance - Text
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Status:
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Passed
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On agenda:
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6/12/2024
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Final action:
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6/12/2024
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Title:
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Ordinance to Amend and Re-Enact the Zoning Ordinance of The City of Hampton, Virginia by Amending Chapter 2, Section 2-2 Entitled “Definitions” to Amend the Existing Definitions of “Bed and breakfast 1” and “Bed and Breakfast 2” to Clarify How the Use Operates and to Consolidate to a Singular Definition
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Indexes:
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, , , Economic Vitality, Placemaking
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Related files:
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24-0173, 24-0175, 24-0176, 24-0177, 24-0178, 24-0179, 24-0182, 24-0180, 24-0181, 24-0183, 24-0184, 24-0185, 24-0186, 24-0187, 24-0188, 24-0189, 24-0190, 24-0191, 24-0192, 24-0193, 24-0194, 24-0195, 24-0196, 24-0197, 24-0198, 24-0199, 24-0200, 24-0201, 24-0202, 24-0203, 24-0204, 24-0215, 24-0216, 24-0217, 24-0218, 24-0219, 24-0220, 24-0221, 24-0222, 24-0223, 24-0224, 24-0225, 24-0226, 24-0227, 24-0228, 24-0205, 24-0206, 24-0207, 24-0208, 24-0209, 24-0210, 24-0211, 24-0212, 24-0213, 24-0214, 24-0313
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Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of The City of Hampton, Virginia by Amending Chapter 2, Section 2-2 Entitled “Definitions” to Amend the Existing Definitions of “Bed and breakfast 1” and “Bed and Breakfast 2” to Clarify How the Use Operates and to Consolidate to a Singular Definition
Purpose
Background Statement:
The amendment proposes to combine the two current definitions for bed and breakfast into one definition, and add a clarification on how the use operates. Currently, the zoning ordinance defines two separate bed and breakfast uses, which are “bed and breakfast 1” and “bed and breakfast 2”. The only difference between the two uses is that a “bed and breakfast 2” operates with events. Both uses are permitted in the same zoning districts, and both require approval of a Use Permit in order to operate within those districts. This amendment would combine both definitions into a singular “bed and breakfast” use which may or may not have events, and also establish that bed and breakfasts operate with on-site management and are open to the general public during established business hours. Any concerns with how an individual bed and breakfast operates, including related to hosting events, can be addressed through conditions during the Use Permit process.
This item is being brought forward in conjunction with Zoning Ordinance Amendments No. 24-0173, No. 24-0175, No. 24-0176, and No. 24-0177 which will together establish new restrictions on how and where short-term rentals can operate within the City, and will clarify other similar uses.
In December 2022, the City adopted a zoning ordinance amendment which required all short-term rentals to obtain a Use Permit in order to operate within the City. A Use Permit requires two public hearings in order to be approved. If adopted, this set of amendments would allow short-term rentals which meet criteria related to size, events, and parking to be permitted via a zoning administrator permit rather than a Use Permit, thereby streamlining the approval process. The amendments also set density maximums within proposed short-term rental zones, require a minimum separation between short-term rentals, establish required operating conditions for those short-term rentals who meet all of the requirements obtain a zoning administrator permit, and further distinguish uses which are not meant to be regulated as short-term rentals.
In preparing these amendments, staff worked with a group of stakeholders representing various neighborhoods within the City, short-term rental operators, realtors, a bed and breakfast operator, and others. In crafting the proposal, staff sought to balance protection of neighborhoods and community cohesion with the economic, tourism, and recreational benefits short-term rentals can provide the City. Staff has presented these amendments to the group of stakeholders as well as numerous interested organizations within the City of Hampton.
Recommendations:
Rec
Staff Recommendation:
Approve with an effective date of July 1, 2024
Planning Commission Recommendation:
Approve with an effective date of July 1, 2024
Body
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the Council of the City of Hampton, Virginia that Chapter 2, Section 2-2 of the Zoning Ordinance of the City of Hampton, Virginia, be amended and re-enacted as follows:
Chapter 2 - DEFINITIONS
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Sec. 2-2. - Definitions.
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Bed and breakfast. A building or portion thereof containing not more than nine (9) sleeping rooms, in which room and board are offered to transient residents by on-site management who are present at all times while there are transient residents. Such operations are open to the general public for the purposes of conducting business during established hours of operation, and may include events.
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